AGREEMENT TO AMEND ACT/CELLCO LICENSE AGREEMENTS
The following provisions are intended as an amendment to each of the existing license agreements between
PacGen Cellco, LLC (“Celco”) and Advanced Cell Technology, Inc. (“ACT”) commonly known as the “ACT
License”, the “U Mass License” and the “Infigen License”, all dated as of the 14th day of May, 2004.
Accordingly, each of those licenses shall be deemed amended as set forth herein and the Parties hereto shall
promptly execute such additional and more formal amendments as may be deemed necessary and appropriate by
counsel for the Parties. Unless otherwise agreed in writing, such amendments shall be executed prior to the
Second Payment referred to paragraph 2(b) below.
1) New Field - All retinal and other cell types related to the diagnosis and treatment of retinal disease or
the slowing or stopping the progression of retinal degenerative diseases. But such license shall not apply
to the use of non-retinal cells for use in the treatment of non-retinal diseases or conditions.
2) Added Initial Fees (to be allocated among three licenses at the same ratio as the previous license but
with 5% more of such Fees being allocated to the ACT license in consideration of the retinal patent
application being added to the list of licensed patents):
3) Added Minimum Fees: (to be allocated among three licenses as ACT desires)
4) Milestone and Royalty Payments: Same as existing contracting, including non-stacking provisions, i.e.
a) 6% Therapeutics
b) 3% Diagnostics
c) 10% Commercial Research
5) Rights: Same Rights (clinical use, manufacture and research) as with previous license arrangements,
including rights to any cells, cell lines or cell strains developed, or any processes for creating such cells,
cell lines or strains, that have been FDA- certified, are in the process of being certified by the FDA, or