1. |
Payment. Licensee hereby agrees to pay to Penn a
non-creditable, non-refundable fee of [***] within [***] following the execution of this Amendment.
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2. |
Section 3.2 First Commercial Sale — Milestones. The
first sentence of Section 3.2(a)(i) of the License Agreement is hereby deleted in its entirety and replaced with the following:
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3. |
Appendix F — Milestones. Appendix F-1 is hereby
deleted in its entirety and replaced with the following:
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Diligence Event
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Achievement Date
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[***]
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[***]
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[***]
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[***]
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[***]
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[***]
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4. |
Except as expressly set forth in this Amendment, the License Agreement remains in full force and effect in accordance with its terms.
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5. |
Licensors consent to Licensee filing a copy of this Amendment with the U.S. Securities and Exchange Commission, in accordance with its rules and regulations.
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6. |
This Amendment may be executed in counterparts, each of which will be deemed an original, and all of which together will be deemed to be one and the same instrument. A portable document
format (PDF) or electronic copy of this Amendment, including the signature pages, will be deemed an original.
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Licensors:
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TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA
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By: /s/ Benjamin Dibling, Ph. D.
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Name: Benjamin Dibling, Ph. D.
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Title: Deputy Managing Director, Penn Center for Innovation
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UNIVERSITY OF FLORIDA RESEARCH FOUNDATION, INCORPORATED
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By: /s/ Jim O’Connell
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Name: Jim O’Connell
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Title: Director, UF Innovate ǀ Tech Licensing
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License:
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IVERIC BIO GENE THERAPY LLC
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By: /s/ Kieth Westby
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Name: Kieth Westby
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Title: Chief Operating Officer
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