Exhibit 10.10
Certain portions have been omitted pursuant to a request for confidentiality and
such omitted portions have been separately filed with the Commission.
[DISCOVERY LABORATORIES, INC. LETTERHEAD]
March 7, 2000 VIA FEDEX
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Charlotte-Mecklenburg Hospital Authority
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Attention: ▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
▇▇▇▇▇▇ Research Center
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Dear ▇▇. ▇▇▇▇▇▇:
Reference is herein made to the License Agreement dated as of March 20,
1996 by and between The Charlotte-Mecklenburg Hospital Authority and Discovery
Laboratories, Inc., as successor-in-interest to Triad Pharmaceuticals and as
amended by an Amendment Letter dated July 18, 1996 and as further amended by an
Amendment Letter dated August 8, 1996 and as further amended by an Amendment
Letter dated December 9, 1996 (collectively, the "License Agreement").
Licensor and Licensee hereby agree to further amend the License
Agreement as follows:
1. Section 3.4 is hereby amended and restated as follows:
"In the event[***], then Licensee shall on [***] pay to
Licensor a nonrefundable, one-time, additional license fee in
the amount of [***] to maintain its rights under this
Agreement for one additional year. On each subsequent
anniversary of [***] thereafter, if [***], then Licensee will
pay an additional [***] for each further annual extension of
the License Agreement. Licensee's failure to pay any such
additional license fee shall constitute a material breach or
default for purposes of the termination provisions of
Paragraph 7.3."
[***] Confidential treatment requested.
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2. Section 4.1.5 is hereby amended and restated as follows:
"Within thirty (30) days following [***], Licensee shall pay
Licensor a nonrefundable, one time, license fee in the amount
of [***]."
Except as expressly provided for in this Amendment, the terms of the License
Agreement shall continue in full force and effect without modification and
amendment, including without limitation, Section 4.1.4. If the terms set forth
above are acceptable to you, please acknowledge your consent in the space
provided below and return one executed original to us.
Very truly yours,
DISCOVERY LABORATORIES, INC.
By:/s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Ph.D.
_________________________________
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Ph.D.
Title: President/CEO
Consented and agreed to this 9th day of March, 2000
CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY
By:/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Ph.D.
__________________________________
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Ph.D.
Title: Vice President, Research
Chairman, Research Development Board, ▇▇▇▇▇▇ Research Center
[***] Confidential treatment requested.
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