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CONFLICT OF INTEREST EXEMPTION (DirectGene, Inc.)

The following resolution was adopted: (Dr. Caravati abstained from voting).

WHEREAS, the School of Medicine wishes to enter into a sponsored research contract with DirectGene, Inc., a Delaware Corporation, for developing adenoviral based gene therapies for cancer and bone repair; and

WHEREAS, Leland W.K. Chung, Ph.D., and spouse, Haiyen E. Zhau, Ph.D., and daughters, Lynna K. Chung and Shunney H.C. Nair, Chinghai Kao, Ph.D., and spouse, Meei-Huey Jeng, Ph.D., have disclosed in advance their equity interests of 1.2, 2.7, 2.2, 2.2, 1.2, 2.1 percent, respectively, in DirectGene, Inc., and the University's entry into a research agreement with DirectGene, Inc. would thereby expose them to violation of the Conflicts of Interest Act unless approved by the Board as permitted by Section 2.1-639.6 (c) (7) of the Code of Virginia;

RESOLVED that the conflict is approved by the Board of Visitors in order to permit the University to negotiate and enter into a proposed contract for developing adenoviral based gene therapies; provided, as required by the law, the faculty file the required annual disclosure statement of personal interests in DirectGene, Inc., the University files the required annual report concerning the contract with the Secretary of the Commonwealth, and the department chair vigilantly oversees application of University resources in the best interests of the University and in accordance with policy.