AMENDMENT NO. 1 TO LICENSE AGREEMENT
EXHIBIT 10.10
AMENDMENT NO. 1 TO
Amendment
No. 1 to License (this “Amendment”) made as of August 2, 2006, by and between Acuity
Pharmaceuticals, Inc., a Delaware corporation, with its principal offices at 0000 Xxxxxx Xxxxxx,
Xxxxxxxxxxxx, XX, 00000 (“Acuity”) and Pathogenics, Inc., a Delaware Corporation with its principal
offices at 00 Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, XX 00000 (“Pathogenics”).
BACKGROUND
WHEREAS, Acuity and Pathogenics entered into a License Agreement (the “License Agreement”) on
April 13, 2006;
WHEREAS, Section 3.2(d)(i) of the License Agreement provided for a payment by Acuity of up to
$75,000 to be used the Institute of Hygiene and Social Medicine, Leopold-Franzens-University of
Innsbruck, Austria and or the Phase II clinical investigators to be used to accelerate recruitment
into a Phase II clinical trial;
WHEREAS, Pathogenics has requested that Acuity make available $3,830 to Pathogenics to be used
to fund activities to accelerate recruitment into a Phase I clinical trial; and
WHEREAS, Acuity has agreed to fund the $3,830 provided that it be credited against the $75,000
referenced in Section 3.2(d)(i) of the License Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants, agreements,
representations and warranties hereinafter set forth, and intending to be legally bound, the
Parties hereby agree as follows:
1. Acuity hereby agrees to pay $3,830 to Pathogenics to be used to fund activities to
accelerate recruitment into a Phase I clinical trial
2. Pathogenics hereby agrees that the $3,830 shall be credited against the $75,000 referenced
in Section 3.2(d)(i) of the License Agreement.
(Signature Page Follows)
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly
authorized representatives as of the day and year first indicated above.
| ACUITY PHARMACEUTICALS, INC. | ||||||
| By: | /s Xxxx X. Xxxxx
|
|||||
| Name: Xxxx X. Xxxxx | ||||||
| Title: President and Chief Executive Officer | ||||||
| PATHOGENICS, INC. | ||||||
| By: | /s/ Xxxxxxxx X. Xxxxx
|
|||||
| Name: Xxxxxxxx X. Xxxxx | ||||||
| Title: President and Chief Executive Officer | ||||||
