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Exhibit 10.61
AMENDMENT NO. 5 TO
PATENT AND TECHNOLOGY LICENSE AGREEMENT
DATED JULY 31, 1994
This is AMENDMENT NO. 5 effective
this 13 th day of NOVEMBER December, 2006, to the Patent
and Technology License Agreement dated July 20, 1994 (as
amended, the AGREEMENT) is between THE BOARD OF REGENTS OF THE
UNIVERSITY OF TEXAS SYSTEM (BOARD), an agency of the State of
Texas, on behalf of THE UNIVERSITY OF TEXAS M. D. ANDERSON CANCER
CENTER (MDA), located at 1515 Holcombe Boulevard, Houston, Texas
77030, and INTROGEN THERAPEUTICS, INC., a Texas corporation,
located at 301 Congress Avenue, Suite 1850, Austin, Texas
78701 (LICENSEE).
RECITALS
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A.
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BOARD is the owner of several new inventions
(collectively, these new inventions are referred to as Technologies
Numbered 37-42).
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B.
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LICENSEE is interested in developing and
commercializing new technologies directed to the treatment of
cancer, and other threatening diseases, to which end LICENSEE, MDA
and BOARD entered into the AGREEMENT noted hereinabove.
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C.
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LICENSEE wishes to add Technologies Numbered
37-42 under PATENT RIGHTS as defined in Section 2.3 of the
AGREEMENT.
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D.
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And, BOARD wishes to grant LICENSEE rights to
Technologies Numbered 37-42 to promote its practical development
for the benefit of the MDA’s patients and for the benefit of
the people of the state of Texas.
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NOW, THEREFORE, in consideration for the
mutua
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