AMENDMENT NO.3
ADDITIONAL LICENSED SPACE
This Amendment No. 3, dated November 6, 1996 is between University of Florida
Research Foundation, Inc., a not-for-profit corporation duly organized and
existing under the laws of the State of Florida and having its office in 000
Xxxxxxx Xxxx, Xxxxxxxxxxx, XX 00000-0000 ("UFRFI"), and Ixion Biotechnology,
Inc., a company duly organized under the laws of Delaware, and having its
principle office at 00000 Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxxxx 00000 ("Ixion")
WITNESSETH
WHEREAS, UFRFI and Ixion entered into an Incubator License Agreement
relating to licensed space at the Xxx Xxxxxx Biotechnology Development
Institute in Alachua, Florida, dated June 26, 1995
(the "XXX"), and
WHEREAS, UFRFI and Ixion amended the XXX in connection with the exercise
by Ixion of the option for the first renewal term ending July 31, 1997;
WHEREAS, Ixion desires an increase in licensed space;
NOW, THEREFORE, in consideration of the premises and the mutual
covenants contained herein the parties agree as follows:
1. Ixion shall license an additional entrepreneurial office, Room 122
for the remainder of the first renewal term of Ixion's Incubator License
Agreement.
2. Cash payments shall commence on the seventh day of November, 1996.
The cash license fee for lab office 122 during this term shall be payable by
Licensees in equal monthly installments, on or before the first day of each
month in addition to the fee paid under the terms of the first renewal term
and shall be as follows:
Lab Space and office, Rooms 168 & 168 A:
951 square feet
Lab office space 170 A:
94 square feet
Entrepreneurial office 122:
160 square feet
Entrepreneurial office 126:
188 square feet
Entrepreneurial office 125:
139 square feet
Total square feet:
1,532 square feet at the rate of
$11.00/square foot
From November 7, 1996 to July 31, 1997, Ixion will pay a license fee of
$1,404.33 monthly (of which $ 1,104.59 shall be paid in cash and $299.75
shall be deemed paid pursuant to Attachment F).
3. Attachment A, "Licensed Space," to the Incubator License Agreement is
amended in its entirety as attached hereto.
4. Pursuant to Section 4(b) of the XXX, Ixion will issue additional
warrants for 817 warrants to UFRFI in accordance with Attachment B
representing the supplementary license fee for the additional licensed space.
Ixion will use the form of warrant, with the same exercise price and
expiration date as previously issued in connection with Ixion's initial term.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
and duly executed this agreement as of the day and the year first set forth
above.
University of Florida Research Foundation Ixion
Biotechnology, Inc.
Xxxxxx X. Xxxxxxxxx, Ph.X.
Xxxxxx X. Xxxxxx
Executive Director
Chairman and Chief Executive Officer
ATTACHMENT A
LICENSED SPACE
1) See attached highlighted floor plan for office and laboratory location
2) Address: 00000 Xxxxxxxx Xxxxx
Xxxxxxx, Xx 00000
3) Lab Space and office: Xxxx 000 and 168 A: 951 square feet
Lab Office 170 A: 94 square feet
Office Space: Entrepreneurial office #1: Room 126: 188 square feet
Entrepreneurial office #2: Room 125: 139 square feet
Entrepreneurial office #3: Room 122: 160 square feet
Total square feet: 1532 square feet
4) Office and Laboratory equipment: Upon request of Licensee, UFRFI shall use
its best efforts to provide for use within the Licensed Space furniture and
equipment as follows:
(I) in the laboratory 168: a chemical fume hood; and a biological fume
hood
(II) in the laboratory office 168 A : 2 small desks with carrels; 2
four-drawer letter-sized file cabinets; 3 lab stools; 2 desk chairs; 2 waste
baskets; 1 book case;
(III) in the entrepreneurial offices 126 and 125: 1 credenza (keyhole
type with 2 sets of file drawers on either side); 1 six-shelf, 6-foot
bookcase; 1 chair pad, 1 wastebasket; 1 five-foot bookcase with six shelves; 2
desks with carrels; 2 desk chairs; 3 four-drawer letter-sized file cabinets
(one must be locking); 2 wastebaskets.
(IV) in the laboratory office 170 A: 1(one) desk and return; 1(one) four
drawer filing cabinet; 1(one) bookcase; 1(one) lab chair.
(V) in the entrepreneurial office 122: 1 desk set w/return; 1 chair; 1
bookcase; 1 file cabinet.
Such furnishings and equipment shall be selected by UFRFI.
