Exhibit 10.13
[*] INDICATES MATERIAL THAT HAS
BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN
REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE
COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE
SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
SECOND AMENDMENT
TO
AMENDED AND RESTATED LICENSE
AGREEMENT
This Second Amendment (this
“Amendment”) to the Amended and Restated License
Agreement between Control Delivery Systems, Inc (now known as
pSivida US, Inc., via reincorporation of pSivida, Inc. predecessor
of Control Delivery Systems, Inc., via merger) and
Bausch & Lomb Incorporated dated as of December 9,
2003, as amended (the “License Agreement”) is entered
into as of August 1, 2009 (the “Amendment Effective
Date”). In consideration of the mutual agreements contained
herein, and subject to the terms and conditions hereof, the Parties
agree as follows:
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1.
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Definitions . All capitalized terms used but not defined
herein shall have the respective meanings ascribed to such terms in
the License Agreement.
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2.
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Amendments to License Agreement
.
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(a) Effective as of the Amendment
Effective Date, Exhibit 1.23(a) of the License Agreement is hereby
deleted in its entirety and replaced by the following:
Exhi
