Exhibit 10.16
LICENSE AGREEMENT
THIS AGREEMENT is entered into and effective as of the 16th day of February, 2001, by and between CytRx
Corporation, a Delaware corporation, having a principal office at 154 Technology Parkway, Technology
Park/Atlanta, Norcross, Georgia 30092 ("Licensor"), and Ivy Animal Health, Inc., a Delaware corporation,
having a principal office at 8857 Bond Street, Overland Park, Kansas 66214 ("Licensee").
WHEREAS, Licensor is the owner or licensee of, and has the right to grant licenses to, certain existing
proprietary know how, technical information and patentable subject matter, including certain patents owned by
Emory University ("Emory") and listed on Schedule "A" hereto (the "Licensed Patents"), all generally relating to
growth promotion in poultry and swine (collectively the "Technology");
WHEREAS, Licensee desires an exclusive license to make, have made, develop, use, market and/or sell the
methods and compositions covered by the Technology for non-human use;
NOW THEREFORE, in consideration of the mutual grants and undertakings and other good and valuable
consideration, the receipt and sufficiency thereof hereby acknowledged, the parties hereto agree as follows:
1. License Grant. Licensor grants to Licensee a worldwide, irrevocable, exclusive right and license (the
"License") to make, have made, develop, use, market, sell, import and/or export the methods and compositions
covered by (a) the Licensed Patents; (b) any and all U.S. or foreign patents or applications covering the subject
matter of the Technology; (c) any continuation and/or divisional patents or applications of (a) or (b); and (d) any
reissues, extensions or reexaminations of (a), (b) or (c) for non-human use and to otherwise use the Technology
in conjunction therewith. Licensor shall provide Licensee with the technical information, know how and technical
assistance reasonably necessary to allow Licensee to exploit the Technology for non-human use.
2. Consideration.
a. Initial Payment. Li