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First Amendment
to the License Agreement
between the
The Trustees of the University of Pennsylvania and Acuity
Pharmaceuticals, Inc.
This first
amendment (this “First Amendment”) is made by and
between Acuity Pharmaceuticals Inc. a corporation organized under
the laws of the State of Delaware and with offices located at the
Port of Technology, 3701 Market Street Philadelphia, PA 19104
(“Company”), and the Trustees of the University of
Pennsylvania, a Pennsylvania nonprofit corporation, with offices
located at 3160 Chestnut Street, Suite 200, Philadelphia PA
19104 (“ Penn”). This Amendment is effective on 1
August 2003.
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A.
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Penn and Company entered into an
exclusive license agreement (the “Original Agreement”),
pertaining to Penn Docket N2427 for technology related to RNA
interference developed by Dr. Alan Gewirtz of Penn’s
School of Medicine, Department of Medicine, and having an effective
date of March 31, 2003;
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B.
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Penn and Company have now reached an
agreement to amend certain terms, which are expressed in this First
Amendment; and
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C.
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It
is the intent of both parties to execute this First Amendment. The
Original Agreement as amended by the First Amendment will be
referred to as the “Agreement”.
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NOW THEREFORE, in
consideration of the promises and covenants contained in
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