Roche Molecular Systems
A Member of the Roche Group Roche Molecular Systems, Inc.
0000 Xxxxxxxx Xxxxxx
Xxxxxxx, Xxxxxxxxxx 00000
000-000-0000
February 26, 1997
Xx. Xxxxxxx Xxxxxxxx
Vice President, Sales and Marketing
LIFECODES CORPORATION
000 Xxxx Xxxxxx
Xxxxxxxx, Xxxxxxxxxxx 00000
RE: License agreement on HLA products for human tissue typing
Dear Xxxx,
We refer to the HLA Product License Agreement between our companies dated
February 26, 1997.
You have asked whether Licensed Products under the above referenced agreement
may be used by Lifecodes' customers for parentage determination ("paternity"
testing). As we understand it, the reason for your request is that the product
may be used for "paternity" testing, a field which is currently not licensed to
Lifecodes, and yet Lifecodes will not in all cases be in a position to ascertain
the final customer's actual use of the product.
Based on the above representation of Lifecodes, RMS agrees that Lifecodes'
customers' use of the Licensed Products for paternity testing applications will
not constitute a breach of the above-mentioned agreement, as long as all other
terms and conditions of the said agreement, specifically the reporting and
paying of royalties, are respected. RMS's agreement shall be only for so long as
Lifecodes in fact cannot ascertain the customers' actual use of the product and
so long as Licensed Products can be used in both the tissue typing and paternity
fields.
Lifecodes agrees it will provide to RMS, as part of the contractually required
reporting information about the amount of Licensed Products, an estimate of the
percentage or number of Licensed Products which were used by Lifecodes'
customers for paternity testing applications.
Xx. Xxxxxxx Xxxxxxxx -2- February 10, 1997
If you are in agreement with the above, please countersign for acceptance and
return two originals for our files.
Yours very truly,
ROCHE MOLECULAR SYSTEMS, INC. X. XXXXXXXX-XXXXXXX, LTD.
/s/ Xxxxx Xxxxxxx /s/
------------------------------- ------------------------------
Xxxxx Xxxxxxx Name:
President Title:
Apprv'd As To Form
LAW DEPT.
By FSR
Understood and Accepted
LIFECODES CORPORATION
/s/ Xxxxxxx Xxxxxxxx
-----------------------------
Xxxxxxx Xxxxxxxx
Vice President, Sales and Marketing
ED/bg
Enclosures
