from the new agreement. It appears that it was modified to the extent necessary to enable the implementation of paragraph D. Would that mean that all other provisions remain? I am not an attorney

Agreement between PTSC, PDS and TPL (TPL Agreement) Exhibit 10.9

A. The Commercialization Agreement (original ComAg) between the Parties shall be deemed to be modified to the extent necessary to enable the implementation of the provisions of paragraph D below, excepting only the exercise of the authority granted at section 2.2(c) with respect to the conduct of litigation activity which shall:

1. Remain the province of TPL with respect to the infringement litigation involving the MMP Portfolio presently pending in the Northern District of California (“NorCal Litigation”), together with PTSC and/or PDS as appropriate;

2. Remain the province of TPL with respect to proceedings [***] together with PDS and/or PTSC as appropriate; and,

3. Remain the province of TPL with respect to [***] together with PDS and/or PTSC as appropriate;

[***]

B. [***]

C. [***]

D. PDS shall exert its immediate best efforts to enter into a new Agreement ("NewAg") with an entity selected by PTSC upon such terms as will provide for a seamless transition and continuation of the MMP ComProg under the guidance and control of PDS, with PDS serving as the Project manager and exclusive Licensor in the execution and conduct thereof as under Article II and Exhibit A of the PDS/TPL ComAg in lieu of TPL, excepting only the exercise of TPL Enforcement Rights which shall remain the province of TPL.