Exhibit 10.16
August 23, 2001
Boston Life Sciences, Inc.
000 Xxxxxxx Xxxxxx
0xx Xxxxx
Xxxxxx, Xxxxxxxxxxxxx
00000, XXX
Dear Sirs:
RE: Amendment to Agreement Between MDS Nordion Inc. and
Boston Life Sciences dated the 9th day of August 2000
Reference is made to the agreement between MDS Nordion Inc. and Boston Life
Sciences Inc. dated the 9th day of August 2000 (the "Agreement") The parties in
consideration of the payment of $1.00 and other valuable consideration the
sufficiency of which is hereby acknowledged agree to amend the Agreement as
follows:
1. The parties agree that under the terms of the Agreement, Nordion in
addition to supplying Altropane for use in support of BLSI's NDA
submission to the FDA for Xxxxxxxxx'x Disease, shall supply
Altropane for use in support of BLSI's NDA submission to the FDA for
Attention Deficit Disorder.
2. Section 1.5 of the Agreement is amended to include Phase II human
trials for clinical development of Altropane in the United States.
3. Section 3.3 paragraph 2 is amended such that the last sentence and
following shall read as follows:
"Nordion shall endure that such Facility is available for the
production of Altropane for supply to BLSI on a priority basis until
the NDA for Xxxxxxxxx'x Disease is submitted by BLSI to the FDA
during this term of the Agreement. During the period of September
30, 2001 until expiration or termination of this Agreement. BLSI
shall pay to Nordion a Facility fee in the amount of $20,000 US per
month. The purchase price of Batches ordered by BLSI for delivery in
a particular month shall be applied as a credit against the monthly
Facility fee."
4. In addition to the Maximum Batch Size available for purchase as
identified in Section 4.1 of the Agreement, BLSI agrees to purchase
and Nordion agrees to supply Altropane under the Agreement in
accordance with the terms and Batch size appearing on the face of
Nordion's Quotation 2001-RQ-0144A (attached) and as amended from
time to time.
5. Section 7.1, paragraph 2 of the Agreement is amended by adding the
following at the end of said paragraph.
" Subject to and without prejudice to any minimum purchase
commitment between BLSI and Nordion, BLSI shall be entitled to
cancel any Batch ordered from Nordion by providing to Nordion at
least two (2) clear business days written notice of cancellation
prior to Nordion All orders for Alropane shall be forwarded by BLSI
and received by Nordion by the Friday Noon (ET) prior to the week in
which Altropane is manufactured and intended for delivery."
6. Section 16.1 of the Agreement shall be amended in its entirety and
shall read as follows:
"The term of this Agreement shall commence upon the Effective Date
and unless terminated earlier pursuant to this Agreement shall
expire on the earlier of (i) FDA granting of BLSI's NDA with respect
to Altropane for Xxxxxxxxx'x Disease or (ii) December 31, 2002.
7. All other terms and conditions in the Agreement shall remain in full
force and effect.
The foregoing amendments shall be effective as of the 18th day of September,
2001.
If you agree with the foregoing, please execute this Agreement in the space
provided below.
Sincerely,
MDS Nordion Inc.
Per: /s/ Xxxxxx Xxxxxxxxx
----------------------------
V.P. Sales & Marketing
Nuclear Medicine
Boston Life Sciences, Inc. agrees this 19th day of September, 2001.
Boston Life Sciences, Inc.
Per: /s/ Xxxx Xxxxxx
---------------
Xxxx Xxxxxx
Chief Scientific Officer
