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CM-2019-0015 - 9/4/2018W I n u lex Veridia- Diagnostics City of Round Rock, Round Rock Transportation and Economic Development Corporation 221 E. Main Street Round Rock, TX 78664 Attn: City Manager, Ihadley@roundrocktexas.gov August 31, 2018 Re: In regards to the Economic Development Program Agreement, by and between Singulex, Inc. and the City of Round Rock, Texas, Round Rock Transportation and Economic Development, TEDCO, dated as of January 25, 2018 (the "Agreement") Dear City of Round Rock: The purpose of this letter is to inform you that Singulex, Inc. ("Singulex") has reached an agreement with Legacy Labs LLC ("Legac: ") under which Legacy will acquire certain assets and assume certain liabilities of the Veridia Diagnostics clinical lab testing services division of Singulex ("Veridia") (the "Transaction"). The Transaction is expected to close by the end of August 2018. Singulex will retain and continue to operate its Clinical Diagnostics business, which is unaffected by the Transaction. Upon closing of the Transaction, the Agreement will transfer to Legacy. Section 7.7 of the Agreement requires your written consent in order for Singulex to transfer the rights and obligations of Singulex thereunder Legacy. By your execution of this letter on the following page, you are consenting to the Assignment and acknowledge that all rights, liabilities and obligations of Singulex arising from and after the closing date of the Transaction under the Agreement are being assumed by Legacy and that you will look only to Legacy for performance of the Agreement from and after the closing date of the Transaction. Furthermore, with your approval, which is evidenced by execution of this agreement, Singulex assigns and Legacy accepts the assignment of the Agreement and Legacy agrees to be bound by the terms of the agreement. From and after the closing date of the Transaction, you should contact the Legacy representative at the contact information provided below. Please sign and return a .pdf file of the signed agreement via electronic mail to legal@singulex.com. If you have any questions, please feel free to contact the individuals listed below. Sincerely, Guido Baechler, President & CEO Singulex Representative Kofi Acquaah-Arhin, Corporate Counsel Singulex, Inc . 1701 Harbor Bay Parkway Suite 200 Alameda, CA 94502 (510)995-9083 legal@singulex.com Legacy Representative Jack Kynion [IT, JD, Managing Director Legacy Labs LLC 10561 Barkley Suite 610 Overland Park, KS 66212 (913) 825-5225 jkynioniii@tinadvs.com Skoftx, hr -1701 N31W SaYPaftA0. Sute 2W-AWrrNwW CA 94502 G-2 DI _ `rA Tel.: t 64i0M104< t as CS 10) 225 2448 I ti Sin utex Veridia Acknowle and agreed to:Ity of Round Rock r Signed: O Name: tic Date: Email:�'�/Z�6[ gr4pas. br- 1701 eaHM83Ys1P'kj"F S(5i pa 05-�� CA 94502 City of Round Rock j'ROUNO A!j I Agenda Item Summary [74+� Agenda Number: Title: Amendment to ED Agrement with Singulex, Inc_ Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/11/2019 Dept Director: Laurie Hadley Cost: Indexes: Attachments: Singulex Department: City Manager's Office Text of Legislative Fite CM -2019-0015 Initial agreement approved on January 25, 2018. Singulex, Inc., doing business as Veridia Diagnostics has reached an agreement with Legacy Labs LLC under which Legacy will acquire all of the Veridia Diagnostics clinical lab testing services division of Singulex. This includes Veridia's Economic Development Program with the City of Round Rock. The transaction is expected to close August 31 2018. To facilitate this, an Assignment Letter is requested for written consent of said transaction. The Veridia brand will remain the same. (This was approved out of process; dated 9/14/18.) City of Round Rock Page 1 Printed on 111112019