EX-10.22 3 cytx-ex1022_690.htm EX-10.22

Exhibit 10.22

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT | 1. CONTRACT ID CODE | PAGE OF PAGES
| 1 | 2
2. AMENDMENT/MODIFICATION NO. 0003 | 3. EFFECTIVE DATE 01/05/2015 | 4. REQUISITION/PURCHASE REQ. NO. | 5. PROJECT NO. (If applicable)
6. ISSUED BY | CODE | ASPR-BARDA | 7. ADMINISTERED BY (If other than Item 6) | CODE | ASPR-BARDA01
ASPR-BARDA 200 Independence Ave., S.W. Room 640-G Washington DC 20201 |  | ASPR-BARDA 330 Independence Ave, SW, Rm G644 Washington DC 20201 |
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and ZIP Code) CYTORI THERAPEUTICS, INC 1386447 CYTORI THERAPEUTICS, INC. 3020 3020 CALLAN RD SAN DIEGO CA 921211109 | (x) | 9A. AMENDMENT OF SOLICITATION NO.
| 9B. DATED (SEE ITEM 11)
x | 10A. MODIFICATION OF CONTRACT/ORDER NO. HHSO100201200008C
| 10B. DATED (SEE ITEM 13) 09/28/2012
CODE 1386447 | FACILITY CODE |
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
☐ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers | ☐ is extended, ☐ is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning ________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required) See Schedule
13. THIS ITEM ONLYAPPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
CHECK ONE | A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
| B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
| C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
x | D. OTHER (Specify type of modification and authority) FAR 52.243-2 Alternate 1 (APR 1987) Changes – cost – reimbursement and Mutual agreement of the parties
E. IMPORTANT: Contractor ☐ is not, ☒ is required to sign this document and return 2 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) Tax ID Number : 33-0827593 DUNS Number : 111029179 Proof of Concept for Use of the Celution System as a Medical Countermeasure for Thermal Burn A. The purpose of this modification is to incorporate the following changes into the contract: 1.Article G.5., Invoicing /Financing Request and Contract Financial Reporting is hereby modified to add the following: 2) In addition to the Contracting Officer, the Contractor shall submit electronic copies of Continued… Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) | 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) THOMAS P. HASTINGS
15B. CONTRACTOR/OFFEROR | 15C. DATE SIGNED | 16B. UNITED STATES OF AMERICA /s/Thomas P.Hastings | 16C. DATE SIGNED 1/5/15
(Signature of person authorized to sign) |  | (Signature of Contracting Officer) |

NSN 7540-01-152-8070 | STANDARD FORM 30 (REV. 10-83)
Previous edition unusable | Prescribed by GSA
| FAR (48 CFR) 53.243

CONTINUATION SHEET | REFERENCE NO. OF DOCUMENT BEING CONTINUED | PAGE OF
HHSO100201200008C/0003 | 2 | 2
NAME OF OFFEROR OR CONTRACTOR CYTORI THERAPEUTICS, INC 1386447 |  |  |  |
ITEM NO. (A) | SUPPLIES/SERVICES (B) | QUANTITY (C) | UNIT (D) | UNIT PRICE (E) | AMOUNT (F)
| the invoices to the Contracting Officer’s Representative (COR) and to the Program Support Center (PSC) at PSC_Invoices@psc.hhs.gov. B. This is a unilateral, administrative no-cost modification. The total contract amount and all other terms and conditions remain the same. Period of Performance: 09/28/2012 to 09/27/2016 |  |  |  |

NSN 7540-01-152-8067 | OPTIONAL FORM 336 (4-86)
| Sponsored by GSA
| FAR (48 CFR) 53.110