EXHIBIT 10.9
FIRST AMENDMENT TO THE
COLLABORATION AGREEMENT
This first Amendment to the Collaboration Agreement (this "First Amendment") is
made and dated February 11, 1999 (the "First Amendment Effective Date") by and
between Telik, Inc. of 000 Xxxxxxx Xxxxxxxxx, Xxxxx Xxx Xxxxxxxxx, XX 00000, a
Delaware corporation formerly known as Terrapin Technologies, Inc. ("Telik") and
Genaissance Pharmaceuticals, Inc., a Delaware corporation with its offices at
Xxxx Xxxxxxx Xxxx, Xxx Xxxxx, XX 00000 ("Genaissance"). Genaissance and Telik
are sometimes referred to herein individually as a "Party" and collectively as
the "Parties."
RECITALS
A. The Parties are signatories to that Collaboration Agreement dated as
of February 11, 1998 (the "Agreement").
B. The Parties wish to make certain changes to the Agreement.
NOW, THEREFORE, in consideration of the above recitals the
Parties agree to amend the Agreement as follows:
1. Each reference in the Agreement to "Terrapin Technologies, Inc." is amended
and replaced by "Telik, Inc." and each reference in the Agreement to "Terrapin"
is amended and replaced by "Telik".
2. Amend Section 3.8 by deleting "twelve (12) month" and inserting in its place
"eighteen (18) month".
3. Unless otherwise expressly provided herein, defined terms used in this First
Amendment shall have the same meaning as set forth in the Agreement, and all
terms herein shall be incorporated into the Agreement. From and after the First
Amendment Effective Date, all references to the "Agreement" in all other
documents delivered in connection with the Agreement shall refer to the
Agreement, as amended hereby.
4. This First Amendment may be executed in counterparts and by facsimile.
IN WITNESS WHEREOF, the parties have executed this First Amendment and
Extension effective as of the date set forth above.
GENAISSANCE PHARMACEUTICALS, INC. TELIK, INC.
By: /s/ XXXXXXXXX XXXXX By: /s/ XXXXXXXX X. XXXXX
----------------------------- -----------------------------
Printed Name: XXXXXXXXX XXXXX Printed Name: XXXXXXXX X. XXXXX
------------------- -------------------
Title: CHIEF EXECUTIVE OFFICER Title: VP CORPORATE ALLIANCES
-------------------------- --------------------------
Date: 2/19/99 Date: 2/19/99
-------------------------- --------------------------
