Amendment #3
to
License Agreement 2003-03-0433
This amendment
#3 ("Amendment #3") is made by and between Ocusense, Inc., a
Delaware corporation, having an address at 12707 High Bluff Drive,
Second Floor, San Diego, Ca 92130 ("LICENSEE") and The Regents of
The University of California, a California corporation having its
statewide administrative offices at 1111 Franklin Street, Oakland,
California 94607-5200 ("UNIVERSITY"), represented by its San Diego
campus having an address at University of California, San Diego,
Technology Transfer & Intellectual Property Services, Mail-code
0910, 9500 Gilman Drive, La Jolla, California 92093-0910
("UCSD").
This Amendment
#3 is effective on the date of the last signature ("Effective
Date").
RECITALS
WHEREAS , LICENSEE and UNIVERSITY previously entered
into License Agreement #2003-03-0433 ("License") as of March 12,
2003 for the commercial development of UCSD invention disclosure
SD2002-180 titled, "Volume Independent Tear Film Osmometer"
("Invention"), have previously entered into Amendment No. 1 to the
License Agreement effective June 9, 2003, and have previously
entered into Amendment No. 2 to the License Agreement effective
September 5, 2005;
WHEREAS , LICENSEE has made successful progress to date
in developing Invention for commercial use and now contemplates a
fund raising event to capitalize LICENSEE with a total of
$14,000,000.00 over three investments, by Occulogix, Inc. As a
result of these investments, it is ant
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