Sections 8. 9 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Sections 8. 1.1 and 8.1.2 above shall not be applicable to any action or proceeding based on infringement or violation of a Proprietary Right, (a) relating solely to a particular process or the product of a particular manufacturer specified by Owner and such processes or products are something other than that which has been offered or recommended by CM@Risk to Owner; or (b) arising from modifications to the Work by Owner or its agents after acceptance of the Work.
Sections 8. 2.1 and 8.2.2 of this Project Statement notwithstanding, Aquantia shall own the mask works for the Aquantia Product and [*] Product (each referred to as “Mask Works”).
Sections 8. 10.1 and 8.10.2 above shall be construed only as consistent with applicable law.
Sections 8. A and 8.B. For purposes of Sections 8.A. and 8.B, the term “Landlord” shall continue to mean “Landlord” (and not Sublandlord), and the term “Tenant” shall continue to mean Sublandlord in its capacity as “Tenant” (and not Subtenant).
Sections 8. 4.8 and 8.4.9 shall not restrict the provisions of an IIBA in relation to a proposed Park in the Nunavut Settlement Area that deals with economic benefits for Inuit.
Sections 8. 4.11 and 8.4.12 shall apply in like manner to Conservation Areas except that where an IIBA is not concluded in the process of establishing a Conservation Area, the Committee referred to in those sections shall be established when requested by Government or a DIO.
Sections 8. 4.16 and 8.4.18 shall apply in the like manner to Conservation Areas and to government agencies having responsibilities with respect to Conservation Areas.
Sections 8. 2 of the Loan Agreement is hereby deleted and replaced with the following:
Sections 8. 2(a) and (b) of the License Agreement are hereby deleted and replaced in their entirety as follows:
(a) […***…] within thirty (30) days following the dates on which the first NDA or BLA, as applicable, for a Licensed Protein Product is filed with the FDA by Connetics for […***…]; provided however, that such milestone payments shall only be paid once for each of the foregoing indications, and shall not be paid upon the filing of a NDA or BLA for an osteopetrosis or any mycobacterial infection indication.
(b) […***…] within thirty (30) days following the date Connetics receives the first FDA approval of […***…]; provided however, that such milestone payment shall only be paid once for each of the foregoing indications, and shall not be paid upon receipt of FDA approval for commercial sale for an osteopetrosis or any mycobacterial infection indication.
