Amendment to Consulting Agreement between Neurologix, Inc. and Dr. Matthew J. During (October 3, 2008)

Summary

Neurologix, Inc. and Dr. Matthew J. During have agreed to amend their existing consulting agreement. The amendment extends the agreement's term to September 30, 2009, unless either party terminates it earlier for cause with thirty days' written notice. All other terms of the original consulting and related confidentiality agreements remain unchanged. The amendment is governed by New York law.

EX-10.1 2 e604312_ex10-1.htm Unassociated Document
 
Exhibit 10.1
 
October 3, 2008
 
Matthew J. During, MD, DSc
Professor and Director
The Ohio State University
BRT 912, 460 West 12th Street
Columbus, OH 43210
 
Dear Dr. During:
 
This letter (the “Amendment”) amends that certain Consulting Agreement, dated as of October 1, 1999 (the “Consulting Agreement”), as amended, by letter agreements dated October 8, 2003, April 30, 2004, June 27, 2006, and October 1, 2007, by and between Neurologix, Inc. (“Neurologix”), a Delaware corporation and you. Capitalized terms used herein, but not otherwise defined, shall have the meanings set forth in the Consulting Agreement.
 
It is therefore agreed as follows:
 
1.
Section 4 of the Consulting Agreement is amended and restated to read as follows:
4.
Term and Termination.  The term of this Agreement shall end on September 30, 2009, unless earlier terminated for cause (including breach of any agreement between the parties) by either party upon thirty (30) days written notice to the other party.
 
2.
Except as amended above by this Amendment, all of your and Neurologix’s respective rights and obligations under the Consulting Agreement and the related Confidentiality, Proprietary Information and Inventions Agreement, dated as of October 1, 1999, between yourself and Neurologix, shall be deemed preserved by this Amendment, without modification or reduction.
 
3.
This Amendment shall be governed by, and construed pursuant to, the laws of the State of New York applicable to agreements made and to be performed wholly within such State.
 
 
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above.  This Amendment may be executed in counterparts.
 
Very truly yours,
 
NEUROLOGIX, INC.
 
     
By:
/s/ John E. Mordock  
  John E. Mordock  
 
President & Chief Executive Officer
 
     
 
 
ACCEPTED AND AGREED:
 
   
/s/ Matthew During  
Dr. Matthew During