CONFIDENTIAL PORTIONS HAVE BEEN OMITTED BASED UPON A REQUEST
FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24b-2 OF THE
SECURITIES EXCHANGE ACT OF 1934 AND HAVE BEEN SEPARATELY FILED
WITH THE COMMISSION.
This Addendum, dated as of April 30, 2002, is by and between Eastern Virginia Medical School ("EVMS") and
AcSentient, Inc. ("AcSentient", along with EVMS, the "Parties") to that certain License Agreement entered into
between the Parties having an Effective Date of April 24, 2002 ("Agreement").
Whereas, under the Agreement, AcSentient was obligated to pay EVMS an initial royalty payment of Sixty-Fix
Thousand Dollars ($65,000.00) (the "Initial Royalty") on the Effective Date (April 24, 2002) pursuant to Section
2.2 of such Agreement, and,
Whereas, AcSentient did not pay to EVMS the Initial Royalty on April 24, 2002, and
Whereas, EVMS is willing to extend the date for payment of the Initial Royalty to May 15, 2002, in
consideration for AcSentient's agreement to pay EVMS for the cost of filing National Phase patent applications in
Italy and Spain corresponding to U.S. Patent No. 5,541,226 in Exhibit A to the Agreement, in the amount of
Four Thousand Five Hundred Dollars ($4,500.00), incurred by EVMS prior to the Effective Date, as to which
the Parties agree that said payment shall be considered to fall within Section 3 of the Agreement, and
Whereas, EVMS has consented in writing to the assignment by AcSentient of AcSentient's rights and obligations
under the Agreement to ISTA Pharmaceuticals, Inc. ("ISTA").
Now, therefore, the Parties agree as follows:
The date for payment by AcSentient of the Initial Royalty of Sixty-Five Thousand Dollars ($65,000.00) under the
Agreement is hereby extended to May 15, 2002, time being of the essence, payment to be made by wire transfer
to the account of EVMS as EVMS shall instruct.
AcSentient shall pay EVMS an additional payment of Four Thousand Five Hundred Dollars ($4,500.00) on May
15, 2002, time being of the essence, paym