EXHIBIT 10.42
December 18, 2001
Amgen Inc. ("Amgen")
Xxx Xxxxx Xxxxxx Xxxxx
Xxxxxxxx 00
Xxxxxxxx Xxxx, XX 00000
Attention: Xxxxxx Xxxxxx
Associate Director, Research
RE: AMENDMENT NUMBER 2 TO TECHNOLOGY ACCESS AGREEMENT
Dear Phil:
We have realized that the amendment we signed earlier this week does not
provide for continued confidentiality between Caliper and Amgen, beyond the
expiration of our original agreement later this month. Accordingly, this Letter
Amendment (the "Amendment Number 2") will reflect an additional amendment to the
Technology Access Agreement between Caliper and Amgen dated December 21, 1998
(the "Original Agreement"). Capitalized terms used herein but not defined shall
have the meaning ascribed to them in the Original Agreement.
1. CONFIDENTIAL INFORMATION. In the event that either party
provides any Confidential Information to the other during
calendar year 2002, the terms of Article 5 of the Original
Agreement, which is hereby incorporated herein by reference,
shall apply to such transfer. This provision of this Amendment
Number 2 shall survive until December 31, 2002, notwithstanding
expiration of the Original Agreement on December 21, 2001.
Please indicate Amgen's agreement to the foregoing terms by signing below where
indicated.
Sincerely,
CALIPER TECHNOLOGIES CORP.
By: /s/ Xxxxxxx Xxxxxx
-------------------------------
Name: Xxxxxxx Xxxxxx
Title: VP Sales & Marketing
ACCEPTED AND AGREED:
AMGEN INC.
By: /s/ Xxxxxxxx X. Xxxxx
-------------------------------
Name: Xxxxxxxx X. Xxxxx
Title: Vice President, Small Molecule Drug Discovery
Date: 1.7.02
