definiens: on the ( each as defined in the Transfer & Assumption Agreement ) ; WHEREAS, despite considerable investments into the AGT technology having been made by Collateral, Schering AG and their affiliates, human gene therapy trials have been affected by numerous technical difficulties andno significant gene therapy product has been successfully commercialized to date ; WHEREAS, The Regents desires that the invention be developed, utilized and marketed so that potentialproducts therefrom may be enjoyed by the general public, and desires to take advantage of the considerabletechnological and other developments already made with respect to the AGT technology, and of the complementarytechnologies and intellectual property assets that have now been assembled by Cardium, and to facilitate Cardium’songoing efforts to reinitiate and develop the AGT technology, and is, therefore, willing to amend the LicenseAgreement ; NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants containedherein, the parties hereto agree to the following amendments to the License Agreement : A