Exhibit 10.9
FIRST AMENDMENT TO THE EXCLUSIVE PATENT LICENSE AGREEMENT
BETWEEN
DIRECT HIT TECHNOLOGIES, INC. AND
XXXX XXXXXXX AND XXXXXX XXXXXX ASSOCIATES FUND IV, LP
DATED MAY 22, 1998
This First Amendment to the Exclusive Patent License Agreement
("Agreement") between Direct Hit Technologies, Inc., a Delaware corporation
("Direct Hit"), Xxxx Xxxxxxx ("CULLISS") and Xxxxxx Xxxxxx Associates Fund IV,
LP ("Xxxxxx") is made and entered as of November 11, 1998.
In the event of inconsistencies between the Agreement and this first
Amendment, the terms and conditions of this First Amendment shall be
controlling. Unless specifically modified or changed by the terms of this First
Amendment, all terms and conditions of the Agreement shall remain in effect and
shall apply fully as described and set forth in the Agreement. All defined terms
used herein and not separately defined shall have the same meanings as set forth
in the Agreement.
NOW, THEREFORE, the parties agree to modify the Agreement as follows:
1. Section 6.6(C) is hereby amended and restated to read in its
entirety as follows:
(c) CULLISS agrees to grant (i) an undivided one-third interest in
the CULLISS Patents to Xxxxxx and (ii) an undivided five and two-tenths percent
(5.2%) interest in the CULLISS Patents to MOSAIC VENTURE PARTNERS, LP I
("MOSAIC") so that CULLISS, XXXXXX and MOSAIC shall become joint-owners of the
CULLISS patents.
IN WITNESS WHEREOF, the parties have executed this First Amendment to
the Agreement as of the date set forth above. All originally signed copies of
this First Amendment shall be deemed originals.
DIRECT HIT TECHNOLOGIES, INC. XXXX XXXXXXX
By: /s/ Xxxxxxx Xxxxxxx By: /s/ Xxxx Xxxxxxx
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Name: Xxxxxxx Xxxxxxx
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Title: President
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XXXXXX XXXXXX ASSOCIATES FUND IV,LP MOSAIC VENTURE PARTNERS, LP I
By: /s/ Xxxxxx Xxxxxxx By: 1261489 Ontario Limited,
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its General Partner
Name: Xxxxxx Xxxxxxx Name: By /s/ Xxxxxx Xxxx
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Title: Director Title: Managing Director
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