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Exhibit 10.29B
AMENDMENT NO. 3
TO COLLABORATIVE RESEARCH AGREEMENT
This Amendment No. 3 to the Collaborative Research Agreement (the
"Amendment No. 3"), effective as of February 12, 1999 (the "Amendment No. 3
Effective Date"), is made by and between Abgenix, Inc., a Delaware corporation
having its principal place of business at 0000 Xxxxxxxxx Xxxxxx, Xxxxxxx, XX
00000 ("ABX") and Schering-Plough Research Institute, a Delaware corporation
having its principal place of business at 0000 Xxxxxxxxx Xxxx Xxxx, Xxxxxxxxxx,
Xxx Xxxxxx 00000 ("SPRI") and amends that certain Collaborative Research
Agreement, effective as of January 28, 1998, and made by and between ABX and
SPRI (the "Agreement"), as amended by Amendment No. 1 to the Agreement,
effective as of August 25, 1998, and as further amended by Amendment No. 2 to
the Agreement, effective as of January 29, 1999.
WHEREAS, SPRI and ABX are interested in continuing to conduct the Research
under the Agreement and, accordingly, wish to amend the Agreement to extend the
Research period and the Option Period;
NOW, THEREFORE, in consideration of the mutual promises contained in this
Amendment, the parties agree as follows:
1. All terms with initial capitals that are used herein and that are not
specifically defined herein shall have the defined meanings set forth in the
Agreement.
2. The Effective Date of this Amendment No. 3 is February 12, 1999.
3. The first sentence of Section 3 of the Agreement is amended to read in
its entirety as follows:
During the period commencing on the Effective Date and ending on the
earlier of (i) April 30, 1999 or (ii) termination of this Agreement (the
"Option Period"), SPRI, through a corporate affiliate, shall have the
exclusive option to enter into a written definitive agreement ("Research,
Option and License Agreement") that will provide for the additional
research described in Exhibit B and an option to acquire a worldwide,
exclusive (even as to ABX) license, including the right to sublicense, to
develop, make, have made, export and import hybridoma cells
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or other cells derived from XenoMouse Animals under this Agreement in order
to develop, make, have made, use, sell, offer for sale, export and import
Antibodies to [*] generated under this Agreement upon mutually agreeable
terms and conditions to be set forth in the Research, Option and License
Agreement.
4. The first sentence of Section 6.1 of the Agreement is amended to read
in its entirety as follows:
Subject to the next sentence, this Agreement shall commence on the
Effective Date and, unless earlier terminated by mutual agreement of the
parties, shall continue in effect until April 30, 1999.
5. Except as specifically modified or amended hereby, the Agreement shall
remain in full force and effect and, as modified or amended, is hereby ratified,
confirmed, and approved.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed
by their respective duly authorized officers as of the day and year first above
written.
ABGENIX, INC. SCHERING-PLOUGH RESEARCH INSTITUTE
By: /s/ XXXXXXX X. XXXXX By: /s/ XXXXX X. XXXXXXX
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Printed Printed
Name: Xxxxxxx X. Xxxxx, Ph.D. Name: Xxxxx X. Xxxxxxx
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Vice President,
Title: Corporate Development Title: Executive Vice President
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[*] Certain information on this page has been omitted and filed separately
with the Commission. Confidential treatment has been requested with
respect to the omitted portions.
