EX-10.5
from 10-Q
4 pages
[*] = Certain Confidential Information Contained in This Document, Marked by Brackets, Has Been Omitted Because It Is Both (I) Not Material and (II) the Type That the Registrant Treats as Private or Confidential. Terms Set Forth on Exhibit 6.1(b)(i) to the License Agreement) on the Updated Timeline Set Forth Above. 2. the Terms of This Letter Agreement Shall Be the Confidential Information of Both Parties for Purposes of the License Agreement. 3. This Letter Agreement May Be Amended, or Any Term Hereof Modified, Only by a Written Instrument Duly Executed by Authorized Representatives of Each of the Parties. 4. This Letter Agreement May Be Executed in Counterparts With the Same Effect as if Both Parties Had Signed the Same Document. All Such Counterparts Shall Be Deemed an Original, Shall Be Construed Together, and Shall Constitute One and the Same Instrument. Any Such Counterpart, to the Extent Delivered by Means of a Fax Machine or by .Pdf, .Tif, .Gif, .Jpeg or Similar Attachment to Electronic Mail (Any Such Delivery, an “Electronic Delivery”) Shall Be Treated in All Manner and Respects as an Original Executed Counterpart and Shall Be Considered to Have the Same Binding Legal Effect as if It Were the Original Signed Version Thereof Delivered in Person. No Party Hereto Shall Raise the Use of Electronic Delivery to Deliver a Signature or the Fact That Any Signature or Agreement or Instrument Was Transmitted or Communicated Through the Use of Electronic Delivery as a Defense to the Formation of a Contract, and Each Party Forever Waives Any Such Defense, Except to the Extent That Such Defense Relates to Lack of Authenticity. 5. Except as Expressly Set Forth in This Letter Agreement, the Terms and Conditions of the License Agreement Remain Unchanged. 6. This Letter Agreement Will Be Effective as of the Effective Date of the License Agreement. Very Truly Yours, [*] [Signature Page Follows]
12/34/56
