AMENDMENT NO. 2 TO MASTER MANUFACTURING SERVICES AND SUPPLY AGREEMENT
Exhibit 10.58
AMENDMENT NO. 2 TO
This Amendment No. 2 to Master Manufacturing Services and Supply Agreement (“Amendment No. 2”) is made effective and entered into on January 29, 2021 (the “Amendment Effective Date”) by and between Siegfried Evionnaz SA, with principal offices located at Xxxxx xx Xxxxxxx 0, 00, 0000 Xxxxxxxx, Xxxxxxxxxxx (together with its Affiliates and subsidiaries “Vendor”); and Keryx Biopharmaceuticals, Inc., with its offices at 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxxxxx, XXX 00000 (“Keryx”).
WHEREAS, Vendor and Keryx entered into a Master Manufacturing Services and Supply Agreement dated December 20, 2017 (“Agreement”) under which Vendor manufactures Product for purchase by Keryx; and
WHEREAS, on December 12, 2018, Keryx merged with Akebia Therapeutics, Inc. (“Akebia”) and, pursuant to such merger, Akebia assumed all of Keryx’s rights and obligations under the Agreement. Keryx continues to operate as a wholly owned subsidiary of Akebia, and Akebia is an Affiliate of Keryx; and
WHEREAS, Vendor and Keryx wish to amend the Agreement as herein provided.
NOW THEREFORE, Vendor and Keryx hereto mutually agree as follows:
1.The text of Section 16.1 of the Agreement is be deleted and is hereby replaced by the following:
16.1 The term of this Agreement (the “Term”) shall commence as of the Agreement Date and, subject to earlier termination in accordance with the provisions of this Section 16, shall end on December 31, 2021. Unless terminated by one of the Parties on or before February 11, 2021 by providing prior written notice to the other Party, or, for any subsequent terms, with at least twelve (12) months prior written notice, this Agreement shall automatically renew for subsequent terms of one (1) year.
2.For the purpose of this Amendment No. 2, the defined terms used herein shall have the same meaning as those used in the Agreement, unless otherwise specified in this Amendment No. 2.
3.Except as provided for in this Amendment No. 2, all other terms and conditions of the Agreement shall remain in full force and effect.
4.The governing law and jurisdiction applicable to the Agreement shall apply to this Amendment No. 2.
[Signature page follows]
IN WITNESS WHEREOF, Vendor and Keryx hereto have caused this Amendment No. 2 to be executed by their duly authorized representatives as of the date first above written.
Signed on behalf of Siegfried Evionnaz SA Signed on behalf of Keryx Biopharmaceuticals, Inc.
By: _/s/ Luca Parlanti_______ By: /s/ Michel Dahan__________
Name: Luca Parlanti___ ____ Name: Michel Dahan_____________
Date: 29/01/2021____________ Date: January 29, 2021
Signed on behalf of Siegfried Evionnaz SA
By: /s/ Xxxxxxxx Spane_____
Name: Xxxxxxxx Spane________
Date: 29/01/2021_____________
