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Exhibit 10.16
DATE: SEPTEMBER 15, 2004
CRITICAL THERAPEUTICS, INC.
AND
ABBOTT LABORATORIES
AMENDMENT NO. 1 RELATING TO
THE LICENSE AGREEMENT DATED MARCH 19, 2004
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THIS AMENDMENT NO. 1 is made the 15th day of September, 2004
BETWEEN:
(1) CRITICAL THERAPEUTICS, INC., a corporation organized under
the laws of
the State of Delaware, and with its principal office at 60
Westview
Drive, Lexington, MA 02421 ("CTI"); and
(2) ABBOTT LABORATORIES, a corporation organised under the laws
of the
State of Illinois and having its principal office at 100 Abbott
Park
Road, Abbott Park, Illinois 60064 ("ABBOTT")
RECITALS:
(A) CTI and Abbott entered into a License Agreement dated
March
19, 2004 ("ORIGINAL AGREEMENT").
(B) CTI and Abbott have agreed to amend the Original Agreement
by
and upon the terms of this Amendment No. 1.
OPERATIVE PROVISIONS:
1. INTRODUCTION, DEFINITIONS AND INTERPRETATION
1.1 This Amendment No. 1 is supplemental to the Original
Agreement.
1.2 Except where expressly provided to the contrary in this
Amendment No. 1:
1.2.1 all capitalised terms used in this Amendment No. 1
shall have the same meanings as are assigned thereto
in the Original Agreement, as amended by this
Amendment No. 1; and
1.2.2 this Amendment No. 1 shall be interpreted in the same
manner as the Original Agreement.
1.3 Reference to clauses herein are to clauses in the
Original
Agreement.
2. AMENDMENTS
The parties agree that with effect from the Amendment No. 1
Date, the Original
Agreement is hereby amended as follows:
2.1 Clause 1 shall be amended by the addition o
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