Framework Agreement and Security Agreement [Amendment No. 2] - Novoste Corp. and BEBIG Isotopentechnik und Umweltdiagnostik GmbH
2. AMENDMENT TO THE
FRAMEWORK AGREEMENT AND SECURITY AGREEMENT (NOV 34)
between
Novoste Corporation, Norcross GA
and
BEBIG Isotopentechnik und Umweltdiagnostik GmbH, Berlin
BACKGROUND
In a previous Amendment to the Framework Agreement and Security Agreement dated
23 July 1998 Novoste and BEBIG agreed to a number of procedures relating to the
return of source trains and the changing of the price formula. The provisions
have in part turned out to be unworkable. Both parties therefore agree to the
following modifications:
1. Novoste may request from BEBIG, and BEBIG will accept, a final disposal of
source trains for a flat disposal rate of XXXXX (XXXXX) per seed. BEBIG
will send them to the "Zentralstelle fur Sammlung radioaktiver Abfalle
(ZRA)", unless they were manufactured less than 12 months ago. In this
case, BEBIG may recycle suitable seeds for further use.
2. If trains for final disposal are received by BEBIG within 18 months from
their date of manufacturing, as evidenced by the manufacturers
certificate, then the charges for a second year use of the train (ss. 2,
Amendment to the Framework Agreement and Security Agreement dated 23 July
1998) will not apply.
3. Novoste understands that BEBIG's ability to dispose off old source trains
is contingent on various regulatory permissions. It explicitly grants
BEBIG the right to cancel the disposal right or to increase the disposal
charge if her disposal conditions change.
4. In order to handle incoming trains and prepare them for disposal, BEBIG
will need to develop a waste box, a number of tools, and the adequate
handling processes. Since Novoste does not contribute to the investment,
it will guarantee to BEBIG a disposal revenue per calendar year of at
least XXXXX (XXXXX). In cases where the disposal volume is less then XXXXX
per calendar year, Novoste will pay a the difference.
Norcross, 2/11/00 Berlin, 2/10/00
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Date/ Place Date/ Place
/s/ Novoste Corporation /s/ BEBIG GmbH
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Confidential treatment has been requested for portions of this page of this
exhibit. The copy filed herewith omits the information subject to the
confidentiality request. Omissions are designated as "XXXXX". The portions
omitted have been filed separately with the Securities and Exchange Commission
pursuant to such request for confidential treatment.