AMENDMENT TO LICENSE AGREEMENT
This amendment, dated 9/23, 1997, is by and between ImmunoTherapy
Corporation ("ITC"), and The Ohio State University Research Foundation
("OSURF").
WHEREAS, ITC and OSURF entered into a license agreement dated 13 January,
1997 (the "License Agreement"); and
WHEREAS, the parties wish to broaden the "Subject Product" defined in the
License Agreement;
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, ITC and OSURF hereby amend the License Agreement as follows:
1. Existing Paragraph 1.1 shall be deleted in its entirety.
2. Existing Paragraph 1.2 of the License Agreement shall be deleted
in its entirety, and the following shall be substituted in lieu thereof:
1.2 "SUBJECT PRODUCT" IS 1) hCG, PORTIONS OF hCG, FRAGMENTS OF hCG,
DERIVATIVES OF hCG, AND ANY COMPOSITION THEREOF, AND 2) ANY
NON-HORMONAL PROTEIN, PORTIONS OF NON-HORMONAL PROTEIN, FRAGMENTS
OF NON-HORMONAL PROTEIN AND ANY COMPOSITIONS THEREOF, COVERED BY A
CLAIM OF A LICENSED PATENT. "SUBJECT PRODUCT" EXCLUDES ANY HORMONES
OTHER THAN hCG.
3. A new Paragraph 4.3 shall be added to the License Agreement as
follows:
4.3 ITC WILL INITIATE A PRE-CLINICAL RESEARCH STUDY ON THE USE OF
UNMODIFIED hCG PEPTIDES FOR ANTIVIRAL APPLICATIONS BY SEPTEMBER 1,
1998. A MINIMUM OF FIFTY PERCENT (50%) OF ITC'S EXPENDITURES FOR
SUCH PRE-CLINICAL STUDY WILL BE EXPENDED AT OSURF UNDER THE
DIRECTION OF XXXXXXXXX XXXXXX X. XXXXXXX.
4. Except as specifically modified and amended above, all other terms
and conditions of the License Agreement remain unchanged and in effect and
are hereby ratified and adopted as though fully set forth herein.
IN WITNESS WHEREOF, the parties have entered into this Amendment to the
Amended Agreement as of the date and year first above-written.
IMMUNOTHERAPY CORPORATION THE OHIO STATE UNIVERSITY
RESEARCH FOUNDATION
By: /s/ Xxxxxxx X. Xxxxxxx By /s/ Xxxxx X. Xxxxx, Ph.D.
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Xxxxx X. Xxxxx, Ph.D.
Title: Managing Officer Title Director, Technology Transfer
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