Contract
Exhibit 10.35
Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [*****]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
AMENDMENT NO. 5
TO THE
between
LONZA BIOLOGICS PLC
and
RELATING TO [**]
THIS AMENDMENT is made the 5th day of August 2003.
BETWEEN
1. | Lonza Biologics plc of 000 Xxxx Xxxx, Xxxxxx, XX0 0XX, Xxxxxxxxx, Xxxxxxx (“LB”) and |
2. | Xcyte Therapies Inc of 0000 Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxx 00000, XXX (“Customer”). |
WHEREAS
A. | The parties have entered into an Agreement dated 6th June 2000 relating to the supply of Services (as therein defined), and |
B. | The parties now wish to amend the terms of the Agreement |
THEREFORE it is hereby agreed by and between the parties that the Agreement shall be amended as follows: -
1. | Stage 20 shall be added to Schedule 2 as follows: |
20.0 | “Stage 20— Additional Regulatory Services for [**] |
20.1 | Objectives |
20.1.1 | To respond to the FDA questions received by LB regarding [**] on 02nd April 2003. |
20.1.2 | To prepare the 2003 update of the [**] for [**]. |
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[*] | Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. |
20.2 | Activities |
20.2.1 | Prepare and submit a draft of the responses to the FDA questions received on 02nd April 2003 to the Customer. |
20.2.2 | Agree any Customer comments and incorporate them into the responses. |
20.2.3 | Submit the responses to the FDA and provide a copy of the responses to the Customer. |
20.2.4 | Prepare and submit a draft of the [**] update for [**] to the Customer. |
20.2.5 | Agree any Customer comments and incorporate them into the update. |
20.2.6 | Submit the [**] update to the relevant authorities. |
20.2 | Timescale |
Stage 20 shall be completed on submission of the responses to the FDA and submission of the [**] update to the relevant authorities” |
2. | Schedule 3, Part 1 shall be amended by the inclusion of the following: |
Stage |
Description |
Cost Price (UK £ Sterling) | ||
Stage 20 | Additional Regulatory Services for [**] | £ [**] |
3. | Schedule 3, Part 2 Price shall be amended by the inclusion of the following: |
Stage |
Payment | |
Stage 20 | [**] upon completion of Stage 20 |
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[*] | Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. |
As witness the hands of the duly authorized representatives of the parties hereto, the day and year first before written. |
Signed by | ||
for and on behalf of Xcyte Therapies Inc. | /s/ Xxxxxx X. Xxxxxxxx | |
Signed by | ||
for and on behalf of Lonza Biologics plc. | /s/ Xxxxxx Xxxxx |
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