THIS AMENDMENT, SETS FORTH
ALL THE LICENSES, COVENANTS, PROMISES, AGREEMENTS, WARRANTIES, REPRESENTATIONS,
CONDITIONS, AND UNDERSTANDINGS BETWEEN THE PARTIES HERETO AND SUPERSEDE ALL
PRIOR AGREEMENTS AND UNDERSTANDINGS BETWEEN THE PARTIES RELATING TO THE SUBJECT
MATTER HEREOF.
THE AGREEMENT, AS AMENDED BY THIS AMENDMENT, INCLUDING, WITHOUT
LIMITATION, THE EXHIBITS ATTACHED THERETO, IS INTENDED TO DEFINE THE FULL EXTENT
OF THE LEGALLY ENFORCEABLE UNDERTAKINGS OF THE PARTIES HERETO.
IN WITNESS WHEREOF, the undersigned Parties have duly executed and delivered
this Amendment as of the date first written above.
BRACCO INTERNATIONAL BV
Acusphere, Inc.
By:
/s/ Diana Bracco
By:
/s/ Sherri C. Oberg
Name:
Diana Bracco
Name:
Sherri C. Oberg
Title:
Director Bracco Holdings BV
Title:
President and Chief Executive Officer
Date:
July 29, 2008
Date:
July 29, 2008
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