THIRD AMENDMENT TO COLLABORATION AGREEMENT
Exhibit 10.2
***Text Omitted and Filed Separately with the Securities and Exchange Commission
Confidential Treatment Requested Under
17 C.F.R. Sections 200.80(b)(4) and 240.24b-2
THIRD AMENDMENT TO
This Third Amendment (“Third Amendment”) to the Collaboration Agreement (the “Agreement”) by and between X. Xxxxxxxx-Xx Xxxxx Ltd, with an office and place of business at Xxxxxxxxxxxxxxxxx 000, 0000, Xxxxx, Xxxxxxxxxxx, and Xxxxxxxx-Xx Xxxxx Inc., with an office and place of business at 000 Xxxxx Xxxx, Xxxxx 0, Xxxxxx Xxxxx, Xxx Xxxxxx 00000, X.X.X. (together, “Roche”), on the one hand, and Foundation Medicine, Inc., with an office and place of business at 000 Xxxxxx Xxxxxx, Xxxxxxxxx, XX 00000, X.X.X. (“FMI”), on the other hand (each a “Party,” and collectively, the “Parties”), as such Agreement was amended by the First Amendment to the Collaboration Agreement dated April 6, 2016 (“First Amendment”) and the Second Amendment to the Collaboration Agreement dated June 16, 2016, is entered into by and between the Parties and shall be considered effective as of the 25th of July, 2016 (the “Third Amendment Effective Date”). Capitalized terms used in this Third Amendment and not otherwise defined herein are used with the meanings ascribed to them in the Agreement.
|
|
1. |
Section 1.27. Section 1.27 of the Agreement is hereby replaced with the following: |
|
“1.27 |
Excepted Activities |
The term “Excepted Activities” shall mean […***…].”
[Signature page follows.]
***Confidential Treatment Requested***
IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed and effective as of the Third Amendment Effective Date. All other terms and conditions of the Agreement remain in force and effect.
|
|
X. XXXXXXXX-XX XXXXX LTD |
|
Signed: /s/ Xxxxxx X. Xxxxx |
Signed: /s/ Xxxxxx Xxxxxx |
|
Name: Xxxxxx X. Xxxxx, Ph.D. |
Name: Xxxxxx Xxxxxx |
|
Title: President & Chief Operating Officer |
Title: Head Legal Pharma
|
|
|
X. XXXXXXXX-XX XXXXX LTD |
|
|
Signed: /s/ Xxxxx Xxxxxxxxxx |
|
|
Name: Xxxxx Xxxxxxxxxx |
|
|
Title: Global Director Alliance & Asset Management |
|
|
XXXXXXXX-XX XXXXX INC. |
|
|
Signed: /s/ Xxxx X. Xxxxxx |
|
|
Name: Xxxx X. Xxxxxx |
|
|
Title: Authorized Signatory |
