Exhibit 10.2
NASTECH PHARMACEUTICAL COMPANY INC.
2000 NONQUALIFIED STOCK OPTION PLAN, 2002 STOCK OPTION PLAN, AND
2004 STOCK INCENTIVE PLAN
AMENDMENTS TO CERTAIN GRANT AGREEMENTS
WHEREAS, incentive stock option grant agreements dated as of June 9, 2004
and January 30, 2006 (the "ISOs"), a nonqualified stock option grant agreement
dated as of January 30, 2006 (the "NQSO") and restricted stock grant agreements
dated as of June 9, 2004, July 1, 2005 and January 30, 2006 (the "RSGAs")
(collectively, the "Agreements") were entered into by and between Nastech
Pharmaceutical Company Inc. (the "Company"), a Delaware corporation, and Xxxxxxx
X. Xxxxx (the "Grantee"); and
WHEREAS, the Company wishes to amend the Agreements and the Grantee wishes
to do the same;
NOW, THEREFORE, the undersigned do hereby agree that the following sentence
shall be added at the end of Section 2 of the ISOs, at the end of Section 5.9 of
the NQSO, and at the end of Section 1.3 of the RGSAs:
Notwithstanding any provision of this Agreement to the contrary, if there
is any conflict between the provisions of this Agreement and the employment
agreement entered into by the Grantee and Nastech Pharmaceutical Company Inc.
effective as of September 15, 2006 (the "Employment Agreement"), the provisions
of the Employment Agreement shall control.
IN WITNESS WHEREOF, the parties have executed these Amendments effective as
of September 15, 2006.
NASTECH PHARMACEUTICAL COMPANY INC.
By: /s/ Xxxxxx X. Xxxx
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Name: Xx. Xxxxxx X. Xxxx
Title: President and
Chief Executive Officer
GRANTEE
/s/ Xxxxxxx X. Xxxxx
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Xxxxxxx X. Xxxxx, Executive Vice
President of Marketing, Business
Development & Legal
