Amendment No. 1 (hereinafter called the “Amendment”) to the Process Development and Clinical Supply Agreement effective as of 29 November 2007 and signed by the Parties on November 29 and December 03, 2007 between FibroGen Inc.
[ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
Exhibit 10.28(iv)
Amendment No. 1
(hereinafter called the “Amendment”)
to the
Process Development and Clinical Supply Agreement
effective as of 29 November 2007 and signed by the Parties
on November 29 and December 03, 2007
between
000 Xxxxxxxx Xx
Xxx Xxxxxxxxx, XX 00000
XXX
(hereinafter called “FibroGen”)
and
Boehringer Ingelheim Pharma GmbH & Co. KG
Xxxxxxxxxxxx Xxxxxx 00
00000 Xxxxxxxx an der Riß
Germany
(hereinafter called “BI Pharma”)
(each party individually called a “Party” and both parties collectively called the
“Parties”).
Preamble
The Parties entered into the Process Development and Clinical Supply Agreement, effective as of 29 November 2007 and signed by the Parties on November 29 and December 03, 2007, which has been modified by the Letter Agreements entered into on 26 June 2008 and 18 August 2008 (hereinafter together called the “Agreement”).
1.
Amendment 1 to the Process Development and Clinical Supply Agreement between FibroGen / BI Pharma
The Parties have agreed to update Appendix 2 of the Agreement due to their needs and hereby agree to modify the Agreement as follows:
| 1. | The current Appendix 2 of the Agreement “Project Plan including Project Timeline and Payment Schedule” shall be replaced by the “Master plan: Anti — CTGF FibroGen Inc. / BI Pharma GmbH & Co. KG” (version of May 12, 2009), attached to this Amendment as Attachment 1. Any reference in the Agreement to the Appendix 2 shall be read to reference the new Appendix 2 as attached to this Amendment (including but not limited to the List of Appendices on page 29 of the Agreement). |
| 2. | This Amendment shall take effect as of the date of last signature below and as far as not amended herein, the Agreement shall remain in full force and effect. |
| Biberach, May 14, 2009 | San Francisco, May 28, 2009 | |
|
Boehringer Ingelheim Pharma GmbH & Co. KG |
|
| ppa. | ppa. | |||
|
[ * ] |
[ * ] |
/s/ Xxxxx Xxxxxxx | ||
| [ * ] | [ * ] | Xxxxx Xxxxxxx | ||
| VP, Protein Therapeutics and Collagen Development |
Attachment 1: Master plan: Anti- CTGF Fibrogen Inc./ BI Pharma GmbH & Co. KG (Version of May 12, 2009)
[ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
Amendment 1 to the Process Development and Clinical Supply Agreement between FibroGen / BI Pharma
Attachment 1
[ * ]
[ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
