EXHIBIT 10.48
SECOND AMENDMENT OF THE
COLLABORATION AGREEMENT
This Second Amendment (this "SECOND AMENDMENT") to the Collaboration
Agreement is made and entered into as of October 7, 2003, by and between
EPIMMUNE INC., having a principal place of business at 0000 Xxxxx Xxxxx Xxxxx,
Xxx Xxxxx, XX 00000 ("EPMN"), and GENENCOR INTERNATIONAL, INC., having a
principal place of business at 000 Xxxx Xxxx Xxxx, Xxxx Xxxx, XX 00000-0000
("GCOR") (collectively referred to herein as the "PARTIES") agree as follows:
WHEREAS, the Parties have entered into that certain Collaboration
Agreement dated July 9, 2001, as amended by the First Amendment of the
Collaboration Agreement, dated October 16, 2002 (the "COLLABORATION AGREEMENT");
and
WHEREAS, the Parties wish to amend the Collaboration Agreement on the
terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual undertakings of the Parties
as set forth below as well as other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, GCOR and EPMN do hereby
mutually agree as follows:
A. Article VII shall be amended to add new section 7.3 as follows:
7.3 Transgenic Animals. Transgenic animals (A2, A11 and B7 transgenic
mice) provided by EPMN to GCOR pursuant to Section 7.2, for research
purposes within the Program, can be used beyond the Collaboration
Term solely as related to the development of Licensed Products;
provided, that, the right to use such transgenic animals shall
automatically terminate upon the termination or expiration of the
License Agreement.
B. All terms and conditions of the Collaboration Agreement remain in full force
and effect, as modified hereby and are hereby ratified by the parties.
C. From and after the effective date of this Second Amendment to the
Collaboration Agreement, the term "Agreement" shall be deemed to mean the
Collaboration Agreement as hereby modified.
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to the
Collaboration Agreement to be executed by and through their duly authorized
representatives as of the date first above written.
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SECOND AMENDMENT OF THE
COLLABORATION AGREEMENT
EPIMMUNE INC.
By: /s/ Xxxxxx X. De Vaere
---------------------------
Xxxxxx X. De Vaere
Vice President, Finance and
Chief Financial Officer
GENENCOR INTERNATIONAL, INC.
By: /s/ Xxxx X. Xxxxxxxxx
-----------------------------
Xxxx X. Xxxxxxxxx, MD, Ph.D.
Title: Senior Vice President, Health Care
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