EXHIBIT 10.9
AMENDMENT NO. 1
This amendement No. 1 to the R&D and License Agreement dated February 7, 1997
(hereinafter "the Agreement" is made this 25th November 1998.
BY AND BETWEEN
PEPTIDE THERAPEUTICS LIMITED, having a place of business at 321 Cambridge
Science Park, Xxxxxx Xxxx, Xxxxxxxxx XX0 0X0, Xxxxxx Xxxxxxx (hereinafter
"PTL")
AND
SMITHKLINE XXXXXXX PLC having a place of business at New Horizons Court.
Xxxxx Xxxx Xxxx, Xxxxxxxxx, Xxxxxxxxx XX0 0XX, Xxxxxx Xxxxxxx (hereinafter
"SB")
WHEREAS parties desire to extend the Research Program (as defined in the
Agreement) by an additional []* period and to incorporate such change into
the Agreement.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. DEFINITIONS
The definitions set forth in Section 1 of the Agreement shall apply to this
Amendment N degree 1.
2. RESEARCH PROGRAM
2.1 The Research Program shall be extended by an additional []* and
Section 2.01 first sentence of the Agreement shall be amended as
follows:
"Subject to Sections 2.02 and 2.03 hereunder, the parties shall
undertake a []* collaborative research program starting from the
Effective Date (hereinafter "Research Program") (......./......).
2.2 The extension of the Research Program hereunder shall not be
considered as an execution of SP's option under Section 2.03 of the
Agreement to start the Extended Research Program.
In Section 2.03 of the Agreement, the words "on the second
anniversary of the Effective Date" shall read "at the expiration of
the Research Program".
2.3 The extension of the Research Program pursuant to Section 2.1 of this
Amendment N degree 1 shall not affect the obligations in terms of
resources as set forth in article 2.01 of the Agreement and for the
avoidance of doubt SB Bio shall not be obliged to make available
additional resources during the []* extension period of the
Research Program.
3. All other provisions of the Agreement shall remain unchanged.
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* This portion of the Exhibit has been omitted pursuant to a request for
Confidential Treatment under Rule 406 of the Securities Act of 1933, as
amended. The Complete Exhibit, including the portions for which confidential
treatment has been requested, has been filed separately with the Securities
and Exchange Commission.
IN WITNESS WHEREOF the parties through their authorised officers have
executed this Amendment N degree 1 as of the date first written above.
PEPTIDE THERAPEUTICS LIMITED SMITHKLINE XXXXXXX PIC
By: /s/ X.X. Xxxxxxx By: /s/ [ILLEGIBLE SIGNATURE]
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Name: X.X. Xxxxxxx Name: President & General Manager
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Function: Commercial Director Function: President & General Manager
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Date: 2/12/98 Date: 3/12/98
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