Office of Technology Transfer and Business Development One Worlds Fair Drive, Suite 2100, Somerset, New Jersey 08873 Tel: 732 ###-###-#### Fax: 732 ###-###-####
Exhibit 10.9
Office of Technology Transfer and Business Development
One Worlds Fair Drive, Suite 2100, Somerset, New Jersey 08873
Tel: 732 ###-###-#### Fax: 732 ###-###-####
December 20, 2012
Jon Watts
VP Business Development
Oxford Immunotec Ltd,
115 Milton Park
Abingdon, Oxfordshire, OX14 4RX, UK
Fax: +44 (0)1235 442781
E-mail: ***@***
Via E-mail
THIRD AMENDMENT TO LICENSE AGREEMENT
Dear Mr. Watts:
Pursuant to recent discussions with Mr. Vincent Smeraglia, your company and UMDNJ have agreed to amend Section 1.9 (Net Sales Price) of the License Agreement having an effective date of June 30, 2006 by and between OXFORD IMMUNOTEC and UMDNJs predecessor in interest, The Public Health Research Institute of the City of New York, Inc., as previously amended by the First Amendment to License Agreement, effective July 1, 2009, and the Second Amendment, effective January 6, 2011. The amendment is to insert in Section 1.9 (definition of Net Sales Price) the words excise taxes after sales taxes, so that the new device tax under the U.S. Affordable Care Act, set to begin January 1, 2013, will be a deductible item in calculating Net Sales Price.
UMDNJ also wishes to record by this letter that OXFORD IMMUNOTEC agrees that UMDNJ may contact a third party in preliminary discussions, (not including a license grant or any license offer that may be accepted so as to create a license grant) concerning a possible grant of license rights under the PHRI Patent Rights (as defined in Section 1.11 of the License Agreement) outside the ELISPOT immunoassay format.
Please have an authorized officer of OXFORD IMMUNOTEC countersign a copy of this letter and return the countersigned letter to Mr. Smeraglia at UMDNJ. The amendment will be effective upon our receipt of the copy executed by OXFORD IMMUNOTEC.
Sincerely, | ||
/s/ Denise Mulkern | ||
name: | ||
title: | ||
Accepted by Oxford Immunotec Limited | ||
By: | /s/ Patricia Randall | |
name: | Patricia Randall | |
title: | Vice President | |
Date: | December 20, 2012 | |
cc: Patricia Randall, Esq. | ||
Vice President and General Counsel | ||
Oxford Immunotec | ||
Via E-mail: ***@*** |