[ * ] = CERTAINCONFIDENTIALINFORMATIONCONTAINEDINTHISDOCUMENT,MARKEDBYBRACKETS,HASBEENOMITTEDANDFILEDSEPARATELYWITHTHE SECURITIESAND EXCHANGE COMMISSIONPURSUANTTO RULE 24B-2OFTHE SECURITIES EXCHANGE ACTOF 1934,ASAMENDED.
Exhibit 10.44
July 12, 2004
Chris Penland, Ph.D.
Cystic Fibrosis Foundation Therapeutics, Inc.
6931 Arlington Road
Bethesda, MD 20814
Dear Dr. Penland:
The purpose of this letter agreement is to amend the Study Funding Agreement, dated June 17, 2003, as amended, between the undersigned parties (the “Agreement”). By signing below, the undersigned parties agree to hereby amend the Agreement as follows:
1. | Section 8.4(a) shall be restated in its entirety as follows: |
“(a) Termination, relinquishment or expiration of this Agreement for any reason shall be without prejudice to any rights that shall have accrued to the benefit of any Party prior to such termination, relinquishment or expiration. Such termination, relinquishment or expiration shall not relieve any Party from obligations which are expressly indicated to survive termination of this Agreement. At the time of termination of this Agreement, CFFT shall pay H-E for (i) all payments due pursuant to Exhibit B as of the effective date of termination, (ii) all costs incurred and all non-cancelable commitments, as of the effective date of termination, in excess of any milestone payments previously paid and (iii) any reasonable costs of bringing the Study to an orderly and prompt termination.”
2. | Exhibit B of the Agreement shall be replaced in its entirety with the attached Exhibit B. |
All other terms and provisions of the Agreement shall remain unchanged and are in full force and effect.
HOLLIS-EDEN PHARMACEUTICALS, INC. | ||
By: | /s/ E. Loumeau | |
Eric J. Loumeau Vice President, General Counsel | ||
Agreed to and Acknowledged by: | ||
CYSTIC FIBROSIS FOUNDATION THERAPEUTICS, INC. | ||
By: | /s/ R. Beall | |
Robert J. Beall, Ph.D. President and CEO |
[ * ] = CERTAINCONFIDENTIALINFORMATIONCONTAINEDINTHISDOCUMENT,MARKEDBYBRACKETS,HASBEENOMITTEDANDFILEDSEPARATELYWITHTHE SECURITIESAND EXCHANGE COMMISSIONPURSUANTTO RULE 24B-2OFTHE SECURITIES EXCHANGE ACTOF 1934,ASAMENDED.
EXHIBIT B
BUDGET
Total Budget: $1,700,000.00
To be paid as follows:
[ * ]
Payments will be made via express mail by check payable to:
Hollis Eden Pharmaceuticals, Inc.
4435 Eastgate Mall, Suite 400
San Diego, CA 92121
Attn: | Robert Weber |
Phone: 858-587-9333
Tax ID all other: