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Exhibit 10.73
FOURTH AMENDMENT TO THE LICENSE AGREEMENT
BETWEEN
NEW YORK UNIVERSITY AND CALYPTE BIOMEDICAL CORPORATION
This Fourth Amendment to Agreement (hereafter "Amendment") is effective on
June 1, 2000 by and between CALYPTE Biomedical Corporation, a corporation
organized and existing under the laws of Delaware, having a place of business
at 1265 Harbor Bay Parkway, Alameda, California 94502 (hereafter
"CORPORATION"); and NEW YORK UNIVERSITY, a corporation organized and existing
under the laws of the State of New York, having a place of business at 70
Washington Square South, New York, New York 10012 (hereafter "NYU").
WITNESSETH:
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WHEREAS, CORPORATION and NYU entered into a certain agreement made
and effective as of August 12, 1993 (the "License Agreement"), pursuant to
which, INTER ALIA, NYU granted to CORPORATION certain rights to certain
inventions relating to the detection of antibodies to human immunodeficiency
virus (HIV) in urine, and the parties agreed to certain other related matters
as specified herein; and
WHEREAS, The License Agreement has been amended from time to time in
the past (the "Amended License Agreement"); and
WHEREAS, CORPORATION and NYU wish to modify certain terms and
conditions of the Amended License Agreement as specified herein;
NOW, THEREFORE, in consideration of the premises and the covenants,
conditions and promises set forth below, the parties hereto hereby agree as
follows:
1. Except as expressly provided for herein, all terms and
conditions of the Amended License Agreement shall remain in full
force and effect.
[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT
TO THE OMITTED PORTIONS.
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2. Terms which are defined in the Amended License Agreement shall
have the same meanings when used in this Amendment, unless a
different definition is given herein.
3. [*]
[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT
TO THE OMITTED PORTIONS.
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[*]
4. [*]
[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT
TO THE OMITTED PORTIONS.
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5. A new Section 6.e. shall be added to the License Agreement and
shall read as follows:
e. [*]
[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT
TO THE OMITTED PORTIONS.
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6. A new Section 6.f. shall be added to the License Agreement and
shall read as follows:
f. [*]
[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT
TO THE OMITTED PORTIONS.
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IN WITNESSETH WHEREOF, the parties hereto have executed this Fourth Amendment
as follows:
NEW YORK UNIVERSITY CALYPTE BIOMEDICAL CORPORATION
BY: /s/ Isaac T. Kohlberg BY: /s/ Nancy E. Katz
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NAME: Isaac T. Kohlberg NAME: Nancy E. Katz
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TITLE: Vice Dean for Industrial TITLE: CEO/President/CFO
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Liason and Research Administration
DATE: 6//20/00 DATE: 6/19/00
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[*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY
WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT
TO THE OMITTED PORTIONS.
