December ___, 2010HeartWare International, Inc. • February 24th, 2011 • Surgical & medical instruments & apparatus
We would like to clarify certain terms of the employment letter (the “Agreement”), between you and HeartWare, Inc. (the “Company”), to reflect the parties’ original intent to comply with the requirements of section 409A of the Internal Revenue Code of 1986, as amended (“Section 409A”) and one additional matter concerning indemnification, as follows:
STANDARD LEASEStandard Lease • February 24th, 2011 • HeartWare International, Inc. • Surgical & medical instruments & apparatus • Florida
THIS LEASE AGREEMENT (the “Lease”) is made and entered into as of the 8th day of December, 2010, by and between MCP EWE LLC, a Delaware limited liability company (“Landlord”), whose address for purposes hereof is 10165 N W. 19th Street, Miami, Florida 33172, and HEARTWARE, INC., a Delaware corporation (“Tenant”), whose address for purposes hereof is _______________ and is guaranteed by HEARTWARE INTERNATIONAL INC., a Delaware corporation (the “Guarantor”) pursuant to that certain Guaranty of Lease attached as Schedule A hereto (the “Guaranty”).
