AMENDMENT TO CONSULTING CONTRACT
THIS AMENDMENT is made this ______ day of ____________________, 2002, by
and between DNAPrint Genomics, Inc., hereinafter "DNAPrint", and Xxxx Xxxxxxx,
hereinafter "Consultant".
BACKGROUND
The parties hereto entered into a consulting contract dated June 12, 2002
and properly executed by the parties.
The parties desire to make certain modifications to their contract.
NOW, THERFORE, in consideration of the mutual covenants contained herein,
and intending to be legally bound, the parties agree as follows:
1. The parties acknowledge that during the course of the development of
projects by the parties either party may provide the other party with
confidential and/or proprietary information. In order to protect said
confidential and/or proprietary information, the parties have executed the
confidentiality agreement attached hereto and marked Exhibit "A".
2. DNAPrint has the right, pursuant to Section 1.1.4 of the Contract to modify
consultants existing software programs. It is specifically understood that
Consultant makes no warranties of any kind with respect to any software
that has been modified or changed in any manner by DNAPrint. DNAPrint
agrees to indemnify and hold Consultant harmless for any damages or losses
arising as a result of such modifications or changes.
3. Net sales as used in the Contract shall be defined as gross sales less
returns, allowances, and sales discounts.
4. The terms of the contract may apply to future projects to be developed by
the parties. The parties agree that the terms of the original contract
shall apply to any such additional projects. The parties further agree to
execute a memorandum of the such additional projects which shall include
the nature of the project and any changes to the original contract that may
apply. Said projects shall include any project that consultant participates
in its development.
5. The parties agree that Section 2.2.2 shall be modified or clarified as
follows:
The net sales referred to shall refer to the net sales of DNAPrint and
not the net sales of any particular license. The number of shares of
restricted stock to be paid to Consultant shall be based on the price
of the shares at the time of payment at the rate of 2.5% of sales.
1
6. Section 3.1 is modified by adding the following:
The start date of the two (2) year term shall be the date when
the Project starts. After the initial two (2) year term, either
party may terminate the contract by giving at least sixty (60)
days written notice prior to the end of any term.
7. In all other respects the Agreement shall remain unchanged.
Executed the date first above written.
WITNESS:
________________________ _________________________
XXXX XXXXXXX
________________________ _________________________
WITNESS: DNAPRINT GENOMICS, INC.
________________________ BY: _________________________