Side Letter Amendment to License Agreement between Accentia Biopharmaceuticals, Accentia Specialty Pharmacy, and Mayo Foundation (August 22, 2006)
This side letter, dated August 22, 2006, is an amendment to a previous license agreement between Accentia Biopharmaceuticals, Accentia Specialty Pharmacy, and the Mayo Foundation for Medical Education and Research. It clarifies that Paragraph 4.03 of the agreement does not apply to NPP Products and that a reference to a new paragraph in a prior amendment should be understood as the addition of Paragraph 4.13. The amendment is confirmed by signatures from both parties.
Exhibit 10.3
August 22, 2006
Frank E. O’Donnell, Jr. MD
Chairman and CEO
Accentia Biopharmaceuticals, Inc
5310 Cypress Center Drive, Suite 101
Tampa, Florida, 33609
Re: Amendment to the Second Amendment of August 22, 2006 to the License Agreement between Accentia Specialty Biopharmaceuticals, Inc., Accentia Specialty Pharmacy and Mayo Foundation for Medical Education and Research of February 10, 2004, as amended (“Agreement”)
Dear Dr. O’Donnell:
This letter memorializes an amendment to the Second Amendment between the parties regarding the interpretation of the Second Amendment that:
| 1. | Paragraph 4.03 of the Agreement is not applicable to NPP Products (as that term is defined in the Second Amendment); and |
| 2. | The reference to new Paragraph 4.11 in the Second Amendment is understood to be the addition of Paragraph 4.13 to the Agreement. |
As you are authorized to make this Amendment to the Second Amendment on behalf of Accentia Specialty Biopharmaceuticals, Inc. and Accentia Specialty Pharmacy, please memorialize this agreement by signing below.
Sincerely,
| /s/ Steven P. VanNurden | ||
| Mayo Foundation for Medical Education and Research | ||
| Name: | Steven P. VanNurden | |
| Title: | Assistant Treasurer | |
| Accepted and Agreed by: | ||
| Accentia Biopharmaceuticals and Accentia Specialty Pharmacy | ||
| /s/ Frank E. O’Donnell, Jr., M.D. | ||
| Frank E. O’Donnell, Jr. MD | ||
| Chairman and CEO | ||
