Exhibit 10.49
FIRST AMENDMENT TO CONSULTING AGREEMENT
This First Amendment to Consulting Agreement (this “Amendment”) is entered into as of February 3, 2026, by and between NovaBay Pharmaceuticals, Inc., a Delaware corporation (the “Company”), and Henry Blynn (the “Consultant”).
Recitals
WHEREAS, the Company and Consultant entered into that certain Consulting Agreement dated October 16, 2025 (the “Agreement”); and
WHEREAS, the Parties desire to amend the Agreement solely to revise the Consultant’s compensation.
Amendment
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1. |
Amendment to Compensation. |
Effective February 3, 2026, the Compensation and Billing section of Exhibit A – Statement of Work to the Agreement is hereby amended and restated to read as follows:
“Compensation and Billing: NovaBay shall pay Consultant at a semi-monthly rate of
$12,500.00. Consultant shall submit invoices on a semi-monthly basis in accordance with the Agreement.”
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2. |
No Other Amendments. |
Except as expressly amended hereby, all other terms and conditions of the Agreement remain unchanged and in full force and effect.
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3. |
Governing Law. |
This Amendment shall be governed by and construed in accordance with the laws of the State of California, consistent with the Agreement.
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4. |
Counterparts. |
This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.
Signatures
NOVABAY PHARMACEUTICALS, INC.
By: /s/ Michael Kazley
Name: Michael Kazley Title:
CEO and Chairman
CONSULTANT
By: /s/ Henry Blynn
Name: Henry Blynn