June 28, 2017 Amendment No. 2 to Amended and Restated Early Access Agreement with Impatients N.V

AMENDMENT NO. 2 TO

EARLY ACCESS AGREEMENT

This Amendment to the Early Access Agreement (the “Agreement”) dated 20th May 2016, by and between Hemispherx Biopharna, Inc. (“HEMISPHERX”), and Impatients N.V. (“IMPATIENTS”), who are each a “Party” and together the “Parties” to the Agreement, is entered into as of 28 of June 2017 (the “Amendment No. 2 Effective Date”).

RECITALS

WHEREAS, HEMISPHERX and IMPATIENTS are Parties to the Agreement for HEMISPHERX’S Product, Ampligen (rintatolimod);

WHEREAS, the Agreement has been subsequently amended on 13 December 2016;

WHEREAS, the Parties wish to agree on additional support services to be rendered by IMPATIENTS to

HEMISPHERX with respect to an ongoing cost recovery program with Ampligen in the USA (“511-program”) and therefore enter into this Amendment;

NOW, THEREFORE, the Parties hereby agree as follows:

Definitions and References. Except as set forth herein, capitalized terms not otherwise defined or amended in the Amendment shall have the meaning ascribed to them in the Agreement. References to Articles or Sections are the same with all of their subparts as they appear in the Agreement.

IN WITNESS WHEREOF, the respective Parties hereto have duly executed this Amendment as of the Amendment No. 2 Effective Date above. The persons executing this Amendment represent and warrant that they have the full power and authority to enter into this Amendment on behalf of the persons or entities for whom they are signing.