Exhibit 10.9
NEC Partnership
101 High Street
Westwood, MA 02090
October 13, 2005
Chinmay Chatterjee, CEO
Integrated Pharmaceuticals, Inc.
310 Authority Drive
Fitchburg, MA 01420
Re: | Amendment to First Amendment and Restated Patent License Agreement (the “License”) |
Dear Mr. Chatterjee:
On behalf of NEC Partnership, the Licensor under the above-referenced License, we hereby agree to modify section 5.4 of the License:
1. | by waiving any right to royalties in any year in which the sales of Licensed Products is less than $5 million; and | |
2. | by waiving any right to royalties in any year in which the EBITDA of the Company from the sale of Licensed Products is less than 12.5% of the Company’s revenues from the sale of Licensed Products. |
To indicate the acceptance of Integrated Pharmaceuticals Inc. to these revised terms, please sign the acceptance line below.
Very truly yours,
NEC PARTNERSHIP
/s/ Edward D. Furtado____
Edward D. Furtado, Partner
ACCEPTED AND AGREED:
INTEGRATED PHARMACEUTICALS, INC.
/s/ Chinmay Chatterjee____
By: Chinmay Chatterjee
Its: CEO