AMENDMENT NO. 4 TO SECOND RESTATED LICENSE AGREEMENT
Exhibit 10.1
AMENDMENT NO. 4 TO SECOND RESTATED LICENSE AGREEMENT
This Amendment No. 4 (“Amendment No. 4”) to the Second Restated License Agreement (“License”) is made and entered into on the date of the last signature below by and between:
Xxxxxxx Vaccines & Prevention B.V., a company under Dutch law with limited liability, with registered address at Xxxxxxxxxxxxx 0, 0000 XX Xxxxxx, Xxx Xxxxxxxxxxx (“Xxxxxxx Vaccines”);
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Altimmune, Inc., a Delaware corporation, having offices located at 000 Xxxxxxx Xxxx, Xxxxx 000X, Xxxxxxxxxxxx Xxxxxxxx (MD) 20878, Unites States (“Altimmune”).
Each party hereinafter individually referred to as “Party” and collectively as “Parties”.
WHEREAS Altimmune (Vaxin) and Xxxxxxx Vaccines (Crucell) entered into a Second Restated License Agreement effective as of October 4, 2005 (as amended, the “Agreement”);
WHEREAS Altimmune and Xxxxxxx Vaccines entered into the Amendment No. 1 to Second Restated License Agreement effective as of September 25, 2015;
WHEREAS Altimmune and Xxxxxxx Vaccines entered into the Amendment No. 2 to Second Restated License Agreement effective as of September 20, 2016;
WHEREAS Altimmune and Xxxxxxx Vaccines entered into the Amendment No. 3 to Second Restated License Agreement effective as of April 2, 2020;
WHEREAS Altimmune is adding STRATEGIC PARTNERS; and
WHEREAS Altimmune and Xxxxxxx Vaccines desire to further amend the Agreement on the terms and conditions set forth below in accordance with Section 14.1 of the Agreement.
NOW THEREFORE, the Parties agree as follows:
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Definitions and Cross References. Unless otherwise specified herein, each capitalized term shall have the meaning assigned to it in the Agreement and each reference to a Section or Article shall refer to the corresponding Section or Article in the Agreement. |
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Exhibit 1.1 of the Agreement. Exhibit 1.1 of the Agreement (attached hereto) is hereby amended to add the following under the header Approved STRATEGIC PARTNERS: |
Vigene Biosciences, Inc.
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Xxxxxxx Bio, LLC (aka Patheon Viral Vector Services), part of Thermo Xxxxxx Scientific
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The Agreement is amended only to the extent necessary to give full effect to this Amendment No. 4. All other terms and conditions of the Agreement shall remain in full force and effect. |
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Each signatory to this Amendment No. 4 personally represents that, to the best of his/her knowledge, he/she has authority to legally bind his/her respective Party to this Amendment No. 4. |
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This Amendment No. 4 may be executed in counterparts and when bearing the signatures of all required parties hereto it shall constitute one and the same Amendment No. 4. The Parties agree that exchanged PDF copies of a signature or any other electronically generated signature used in execution of this Amendment No. 4 (including by means of services such as Adobe eSign services) shall constitute a binding original of this Amendment No. 4 for all purposes. |
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 4 to be duly executed on the dates written below.
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Xxxxxxx Vaccines & Prevention B.V. |
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/s/ Maarten Xxxxxxx |
/s/ Xxxxx Xxxx |
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Name: Maarten Xxxxxxx |
Name: Xxxxx Xxxx |
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Function: Legal Director |
Function: CEO |
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Date: July 28, 2020 |
Date: July 23, 2020 |
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Approved REGISTERED AFFILIATES: none
Approved STRATEGIC PARTNERS:
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Batavia Bioservices B.V. |
Manufacturer of the VACCINE for VAXIN in the FIELD of prevention and/or treatment of human infectious diseases caused by infectious agents in Batavia's own facilities
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Fujifilm Diosynth Biotechnologies |
Manufacturer of the VACCINE for ALTIMMUNE in the FIELD of prevention and/or treatment of human infectious diseases caused by infectious agents Fujifilm Diosynth Biotechnologies facility located in College Station, TX.
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Emergent BioSolutions |
Manufacturer of the VACCINE for ALTIMMUNE in the FIELD of prevention and/or treatment of human infectious diseases caused by infectious agents in Emergent's own facilities located in Baltimore, MD.
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Vigene Biosciences, Inc. |
Manufacturer of the VACCINE for ALTIMMUNE in the FIELD of prevention and/or treatment of human infectious diseases caused by infectious agents in Vigene’s own facilities located in Rockville, MD.
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Xxxxxxx Bio, LLC (aka Patheon Viral Vector Services), part of Thermo Xxxxxx Scientific |
Manufacturer of the VACCINE for ALTIMMUNE in the FIELD of prevention and/or treatment of human infectious diseases caused by infectious agents in Xxxxxxx’x own facilities in Alachua, FL and Cambridge and Lexington, MA
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