First Amendment to Consulting Letter between MultiVir, Inc. and Max Talbott LLC (March 31, 2015)
This amendment is between MultiVir, Inc. and Max Talbott LLC, represented by Dr. Max W. Talbott. It modifies their original consulting agreement dated April 2, 2014. The amendment changes the termination terms: if a specified Trigger Event does not occur by June 30, 2015, the agreement will end on that date, unless either party gives 30 days' written notice to terminate after June 30, 2015. All other terms of the original agreement remain unchanged.
Exhibit 10.40
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Houston Technology Center Suite 325 410 Pierce Street Houston, TX 77002 | |||
| Phone: 832 ###-###-#### Fax: 858 ###-###-#### |
March 31, 2015
Max W. Talbott, PhD
Max Talbott LLC
| Re: | First Amendment to Consulting Letter dated April 2, 2014 (the “Consulting Letter”) |
Dear Dr. Talbott:
Both you and MultiVir Inc. (the “Company”) acknowledge that a Trigger Event as defined in the Consulting Letter has not been completed as of March 31, 2015. In that regard, both you and the Company agree that the second full paragraph of page 2 of the Consulting Letter shall be amended and restated in its entirety to read as follows:
If the Company does not complete a Trigger Event on or before June 30, 2015, this Agreement shall terminate on June 30, 2015; provided, however, that this agreement shall continue after June 30, 2015 unless terminated upon 30-days prior written notice by either party.
Except as expressly amended hereby the terms and conditions of the Consulting Letter shall remain in full force and effect. Kindly countersign a copy of this letter and return it to me to evidence your acceptance of this amendment.
| Very truly yours, | ||
| MultiVir, Inc. | ||
| By: | /s/ Nicholas Puro | |
| Name: | Nicholas Puro | |
| Title: | President and COO | |
| Agreed and Consented to: |
| /s/ Max W. Talbott, PhD |
| Print Name: Max W. Talbott, PhD |
