EXHIBIT 10.23
AMENDMENT No. 10
to
THE DEVELOPMENT AND MANUFACTURING
SERVICES AGREEMENT
Dated 08 January 2004
Between
LONZA BIOLOGICS PLC
and
TRUBION PHARMACEUTICALS, INC.
CONFIDENTIAL TREATMENT
THIS AMENDMENT No. 10 ("Tenth Amendment") is made the 20th day of December
2005 BETWEEN
LONZA BIOLOGICS PLC of 000 Xxxx Xxxx, Xxxxxx, Xxxxxxxxx XX0 0XX, Xxxxxxx
(hereinafter referred to as "LB"), and
TRUBION PHARMACEUTICALS, INC., of 0000 0xx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX
00000, XXX (herein after referred to as the "Customer")
WHEREAS
A. LB and the Customer entered into a development and manufacturing
services agreement ("the Agreement") dated 08 January 2004, pursuant to which LB
agreed to provide Services to the Customer, and,
B. The Customer now wishes LB to perform additional services under the
Agreement, and,
C. LB is willing to perform such additional services on the terms set out
in the Agreement, and
D. The parties wish to amend the Agreement in accordance with Clause 13.5
thereto.
NOW THEREFORE IT IS HEREBY AGREED as follows:
1.0 Two new Stages, Xxxxx 00 xxx Xxxxx 00, xxxxx xx added to Schedule 2 of
the Agreement to read as follows:
CONFIDENTIAL TREATMENT
32. "Stage 32 - ***
32.1 Objective
***
32.2 Activities
***
32.3 Timescale
This Stage may commence upon issue of the protocol.
This Stage shall be complete with the issue of the report of activities. It
is estimated that this report shall be issued *** from commencement of this
Stage.
33. Stage 33 - ***
33.1 Objectives
***
33.2 Activities
***
33.3 Timescale
This Stage may commence as soon as Product is available and shall be
complete on issue of the final report of activities (Activity 33.2.4) and it is
estimated that this will be issued *** from the preparation of the protocol.
From issue of the protocol it is estimated that the elapsed time until the
Customer review of the report is ***.
Note: The Customer shall review the draft protocol and the audited report
(activity 33.2.1 and 33.2.4) within *** of receiving the document from LB. If
the Customer's comments are not returned to LB within this time Lonza reserves
the right to issue the protocol or final study report"
CONFIDENTIAL TREATMENT
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SCHEDULE 3 TO THE AGREEMENT SHALL BE AMENDED TO INCLUDE PROVISION FOR
PAYMENT FOR THE ABOVE MENTIONED ADDITIONAL SERVICES, AS SET OUT BELOW HERETO.
INVOICES FOR THESE ADDITIONAL SERVICES SHALL BE ISSUED, AND CUSTOMER PAYMENTS
SHALL BE MADE, IN ***
"1. PRICE
***
2. PAYMENT
FOR STAGE 32
*** upon commencement of Stage 32.
*** upon completion of Stage 32.
Testing Laboratory charges will be invoiced separately.
FOR STAGE 33
*** upon commencement of Stage 33.
*** upon completion of Stage 33
Testing Laboratory charges will be invoiced separately"
CONFIDENTIAL TREATMENT
-3-
SAVE AS HEREIN PROVIDED ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT
SHALL REMAIN IN FULL FORCE AND EFFECT.
AS WITNESS the hands of the duly authorised representatives of the parties
hereto the day and year first above written.
Signed for and on behalf of
LONZA BIOLOGICS PLC /s/ Xxx Xxxxxx
----------------------------------------
VP Global Biologics Quality
TITLE
Signed for and on behalf of
TRUBION PHARMACEUTICALS, INC /s/ Xxxxxxx X. Xxxxxx
----------------------------------------
Senior VP, Research & Development
TITLE
CONFIDENTIAL TREATMENT
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