Office of Technology Transfer and Business Development One World’s Fair Drive, Suite 2100, Somerset, New Jersey 08873 Tel: 732-235-9350 Fax: 732-235-9358
Exhibit 10.9
Office of Technology Transfer and Business Development
One World’x Xxxx Xxxxx, Xxxxx 0000, Xxxxxxxx, Xxx Xxxxxx 00000
Tel: 000-000-0000 Fax: 000-000-0000
December 20, 2012
Xxx Xxxxx
VP Business Development
Oxford Immunotec Ltd,
000 Xxxxxx Xxxx
Xxxxxxxx, Xxxxxxxxxxx, XX00 0XX, XX
Fax: x00 (0)0000 000000
E-mail: XXxxxx@xxxxxxxxxxxxxxx.xxx
Via E-mail
THIRD AMENDMENT TO LICENSE AGREEMENT
Dear Xx. Xxxxx:
Pursuant to recent discussions with Xx. Xxxxxxx Xxxxxxxxx, your company and UMDNJ have agreed to amend Section 1.9 (“Net Sales Price”) of the License Agreement having an effective date of June 30, 2006 by and between OXFORD IMMUNOTEC and UMDNJ’s predecessor in interest, The Public Health Research Institute of the City of New York, Inc., as previously amended by the First Amendment to License Agreement, effective July 1, 2009, and the Second Amendment, effective January 6, 2011. The amendment is to insert in Section 1.9 (definition of “Net Sales Price”) the words “excise taxes” after “sales taxes,” so that the new device tax under the U.S. Affordable Care Act, set to begin January 1, 2013, will be a deductible item in calculating Net Sales Price.
UMDNJ also wishes to record by this letter that OXFORD IMMUNOTEC agrees that UMDNJ may contact a third party in preliminary discussions, (not including a license grant or any license offer that may be accepted so as to create a license grant) concerning a possible grant of license rights under the PHRI Patent Rights (as defined in Section 1.11 of the License Agreement) outside the ‘‘ELISPOT” immunoassay format.
Please have an authorized officer of OXFORD IMMUNOTEC countersign a copy of this letter and return the countersigned letter to Xx. Xxxxxxxxx at UMDNJ. The amendment will be effective upon our receipt of the copy executed by OXFORD IMMUNOTEC.
Sincerely, | ||
/s/ Xxxxxx Xxxxxxx | ||
name: | ||
title: | ||
Accepted by Oxford Immunotec Limited | ||
By: | /s/ Xxxxxxxx Xxxxxxx | |
name: |
Xxxxxxxx Xxxxxxx | |
title: | Vice President | |
Date: |
December 20, 2012 | |
cc: Xxxxxxxx Xxxxxxx, Esq. | ||
Vice President and General Counsel | ||
Oxford Immunotec | ||
Via E-mail: XXxxxxxx@xxxxxxxxxxxxxxx.xxx |