DELETE AND REPLACE Clause Samples
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DELETE AND REPLACE. All of Section 5 (Payment) of the Agreement is hereby deleted in its entirety and replaced with the following: “Hospital shall agree to purchase an intial quantity of [***] COVID Testing tests. Hospital shall arrange with Biodesix for a fixed pre-payment retainer with an initial balance (“Retainer”) equal to the value of [***] COVID Testing tests. The cost per test shall be [***] (“Price”) and the Retainer balance shall be [***]. The Retainer shall be drawn down by Biodesix on a per test basis at the Price until a balance of [***] of the Retainer remains [***]. At such time, Hospital will assess its projected future needs for such testing based on then-current trends and agrees to purchase additional COVID Testing tests in increments of up to [***] as deemed necessary by such trending assessments. The Retainer may be increased at Hospital’s sole discretion at the Price for each additional pre-paid test. The Price shall be reviewed by Biodesix and Hospital after six (6) months.”
DELETE AND REPLACE. Recital Section A shall be deleted in its entirety and replaced with the following:
A. Biodesix operates clinical laboratories that are duly licensed, and are certified under all applicable federal and state statutes and regulations and the Medicare and Medicaid programs, and at which it provides COVID-19 Droplet Digital PCR testing and SARS Co V-2 total antibody testing each of which has been authorized under Emergency Use Authorizations by the FDA (collectively “COVID Testing”, and each test, individually, a “COVID Test).”
DELETE AND REPLACE. Item b. of Section 1 (Responsibilities of Biodesix) of the Agreement is hereby deleted in its entirety and replaced with the following:
(i) Biodesix will pickup pre-operative test specimens at the previously agreed upon collection times per Hospital collection siteas as listed on Table 1 attached as Exhibit A of this First Amendment. Table 1 may be replaced through amendment upon mutual agreement between Hospital and Biodesix.
(ii) Provided samples are available at the proper times and their delivery is not subject to any exceptions listed in Section 3c, Biodesix will guarantee to provide test results for at least [****] of tests by 12:00 p.m. on the day following pickup by Biodesix from each Hospital collection site. Biodesix will report results to the authorized Hospital personnel using its standard report or other required documentation for the submitted specimen for COVID Testing.”
DELETE AND REPLACE. Exhibit A — Centura Health Facilities of the Agreement is hereby deleted in its entirety and replaced with the attached revised Exhibit A.
DELETE AND REPLACE. Exhibit A — Centura Health Facilities is hereby deleted in its entirety and replaced with the attached Exhibit A — Revised Centural Health Facilities.