Exhibit 10.8.4
FIRST AMENDMENT TO LICENSE AGREEMENT
This first Amendment effective as of this 6th day of November, 2013 (the “Amendment Date”) by and between NephroGenex,Inc., aDelawarecorporationhaving itsprincipal placeof business at 2300 Englert Drive, Durham, NC, 27713 (“LICENSEE”) and Vanderbilt University, by and through its Center for Technology Transfer and Commercialization, having a principal place of business at 1207 17th Avenue South, Suite 105, Nashville, TN 37212 (hereinafter referred to as “VANDERBILT”),
WHEREAS, LICENSEE and VANDERBILT have entered into a RESTATED and AMENDED LICENSE AGREEMENT effective as of July 1, 2012 (the “License Agreement”),
WHEREAS, LICENSEE and VANDERBILT have a desire to modify the License Agreement to clarify the definition of Licensed Product,
NOW, THEREFORE, in consideration of the mutual promises and other good and valuable consideration, LICENSEE and VANDERBILT hereto amend Section 1.6 as follows:
1.6Licensed Product(s) shall mean any product or part thereof within theField of Use, themanufacture, use, sale or importationof which would, butforthe licensegranted in Section 2.1 hereof, infringe on an issued, unexpired claim or a pending claim contained in the Licensed Patent Rights in the country in which any such product or part thereof is made, used or sold, or made in accordance with or by means of process claimed in the Licensed Patent Rights.
Except as otherwise provided above in this First Amendment to the License Agreement, all other provisions, terms and conditions of the License Agreement shall remain unchanged.
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IN WITNESS WHEREOF, LICENSEE and VANDERBILT have executed this as of the date set forth in the first paragraph above.
NephroGenex,Inc. | |||||
Dated | 11/7/13 | /s/ J. Wesley Fox | |||
Wes Fox | |||||
President, Chief Scientific Officer and Director | |||||
Vanderbilt University | |||||
Dated | 11/7/13 | /s/Alan Bentley | |||
Name | Alan Bentley | ||||
Title | Asst. VC - Tech Transfer |