THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HASBEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. FOURTH AMENDMENT
Exhibit 10.11
THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
FOURTH AMENDMENT
This Fourth Amendment pertains to the License Agreement (hereinafter the “License Agreement”) effective August 11, 1997 by and between the MASSACHUSETTS INSTITUTE OF TECHNOLOGY (hereinafter M.I.T.) and ADVANCED INHALATION RESEARCH, INC. (hereinafter AIR), and to a Joint Invention Agreement by and between M.I.T. and the PENNSYLVANIA STATE RESEARCH FOUNDATION (hereinafter PSRF).
WHEREAS, per Paragraph 6.1, Appendix B, attached hereto as a convenience, may be amended by mutual agreement of both parties.
NOW, THEREFORE, the parties hereby agree to modify the License Agreement as follows:
Appendix B shall now state:
Foreign countries in which PATENT RIGHTS shall be filed, prosecuted and maintained in accordance with Article 6:
For M.I.T. Case Nos. [***]
Designated States: Canada (CA), Japan (JP), European Patent Office (EPO)*
For M.I.T. Case Nos. [***]
Designated States: Canada (CA), Japan (JP), European Patent Office (EPO)*
| * | European Patent Office (EPO) |
Austria (AT), Belgium (BE), Switzerland (CH), Germany (DE),
Denmark (DK), Spain (ES), Finland (FI), France (FR),
United Kingdom (GB), Greece (GR), Ireland (IE), Italy (IT),
Luxembourg (LU), Monaco (MC), Netherlands (NL), Portugal (PT)
and Sweden (SE)
| Agreed to for M.I.T. by: | Agreed to for A.I.R. by: | |||||||
| MASSACHUSETTS INSTITUTE OF TECHNOLOGY | ADVANCED INHALATION RESEARCH, INC. | |||||||
| By | /s/ Loris Pressman | By | /s/ David Edwards | |||||
| Name | Loris Pressman | Name | David Edwards | |||||
| Title | Assistant Director, Technology Licensing Office | Title | President | |||||
| Date | January 28, 1999 | Date | January 23, 1999 | |||||
THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [* * *] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
APPENDIX B
DESIGNATED FOREIGN COUNTRIES
Foreign countries in which PATENT RIGHTS shall be filed, prosecuted and maintained in accordance with Article 6:
For M.I.T. Case Nos. [***]
Designated States: Canada (CA), Japan (JP), European Patent Office (EPO)*
For M.I.T. Case Nos. [***]
Designated States: Canada (CA), Japan (JP), European Patent Office (EPO)*
| * | European Patent Office (EPO) |
Austria (AT), Belgium (BE), Switzerland (CH), Germany (DE),
Denmark (DK), Spain (ES), Finland (FI), France (FR),
United Kingdom (GB), Greece (GR), Ireland (IE), Italy (IT),
Luxembourg (LU), Monaco (MC), Netherlands (NL), Portugal (PT)
and Sweden (SE)
