EXHIBIT 10.53
* CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY THE
BRACKETS, HAS BEEN OMITTED AND FILED WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
AMENDMENT NO. 1 TO ENBREL SUPPLY AGREEMENT
This AMENDMENT NO. 1 TO ENBREL SUPPLY AGREEMENT (this "Amendment") is
entered into effective as of the 20th day of September 2002 by and between
Genentech Inc., a Delaware corporation ("Genentech") and Immunex Corporation, a
Washington corporation and a wholly-owned subsidiary of Amgen Inc. ("Immunex"),
and amends that certain Enbrel Supply Agreement entered into by Genentech and
Immunex on April 12, 2002 (the "Agreement").
For good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Genentech and Immunex (the "Parties") agree as
follows:
1. Section 5.2(b) of the Agreement is amended to read in its entirety as
follows:
"5.2 (b) Completion of Milestone II: Final Release of Third Successful
Qualification Batch of Bulk Drug: Immunex shall pay Genentech [*]
Dollars ($[*]) upon the completion of Milestone II, provided that [*];
and, in addition, Genentech shall also be entitled to receive
additional payments of [*], which such additional payment amounts shall
be payable upon [*]. [*]."
2. All capitalized terms not defined herein shall have the meaning set
forth in the Agreement.
3. Except as set forth herein, all other terms of the Agreement remain in
full force and effect.
4. This Amendment may be executed in counterparts, each of which shall be
deemed an original, and all of which, taken together, shall constitute
one and the same instrument. This Amendment shall be effective upon
full execution by facsimile or original, and a facsimile signature
shall be deemed to be and shall be as effective as an original
signature. This Amendment may not be amended except by a written
instrument duly executed and delivered by both Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as
of the date set forth above.
GENENTECH, INC. IMMUNEX CORPORATION
By: /s/ Xxxxx Xxxxxxx By: /s/ Xxxxxxx Xxxxxxxx
------------------------------------- -----------------------------
Xxxxx Xxxxxxx Xxxxxxx Xxxxxxxx
Senior Vice President of Product Operations Senior Vice President, Operations
Date: 9/24/2002 Date: 9/20/2002
* Confidential Treatment Requested.
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