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Exhibit 10.59
ASSIGNMENT OF COEXCLUSIVE LICENSE
WHEREAS, HYBRIDON, INC., a Delaware corporation having a principal
place of business at 000 Xxxxxxx Xxxx., Xxxxxxx, XX 00000 (hereafter "Assignor")
owns certain coexclusive rights and license pursuant to that certain agreement
entitled PATENT LICENSE AGREEMENT - COEXCLUSIVE, dated September 21, 1995, by
and between HYBRIDON, INC. and the PUBLIC HEALTH SERVICE (PHS), a.k.a. Patent
License Number: L-131-92, and attached hereto as Exhibit A; and
WHEREAS, Boston Biosystems, Inc., a Delaware corporation with a place
of business at 00X Xxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000, (hereafter
"Assignee" which term shall include its successors, assigns, and transferees) is
desirous of obtaining all of Assignor's licenses and rights relating to said
patents,
NOW THEREFORE, be it known that in consideration of the payment by
Assignee to assignor of the sum of ten dollars ($10.00) and for other good and
valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Assignor, hereby sells, assigns, and transfers to Assignee all
rights and obligations under such license including, pursuant to the terms of
the license, including the certain letter dated June 5, 1996, which is attached
hereto as Exhibit B, a complete coexclusive rights and license to make and have
made, to use and have used, and to sell and have sold products as well as to
practice and have practiced processes under said patents for the full term or
terms for which the same may be granted.
ASSIGNOR hereby covenants that, since it obtained its rights and
licenses in said patents, no assignment, transfer, sale, agreement or
encumbrance has been entered into which would conflict with this assignment,
sale, and transfer and that any encumbrance thereon has been fully removed,
cleared and satisfied.
ASSIGNOR further covenants that, it has made all payments due,
fulfilled all of its obligations, and it has not breached the terms of the
license, and it is not aware of circumstances that might cause the license to be
terminated or the terms of the license to be varied.
IN WITNESS WHEREOF, Assignor has hereunto set its hand and seal on the
date indicated.
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ASSIGNOR
HYBRIDON, INC.
By: /s/ Xxxxxx X. Xxxxxxxx Date: September 20, 2000
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Name: Xxxxxx X. Xxxxxxxx
Title: Vice President and Chief Financial Officer
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EXHIBIT A
PATENT LICENSE AGREEMENT - COEXCLUSIVE dated September 21, 1995 by and between
HYBRIDON and the PUBLIC Health SERVICE (PHS), a.k.a. Patent License Number:
L-131-92.
Attached
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