Contract
Exhibit 10.35
| *** | INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. |
THIS IS AN AMENDING AGREEMENT
| BETWEEN | NATIONAL RESEARCH COUNCIL OF CANADA (called “NRC”) | |||||||
| Head | { 0000 Xxxxxxxx Xxxx | Participating | { Biotechnology Research Institute | |||||
| Office | { Xxxxxx, Xxxxxxx X0X OR6 | Institute | { 0000 Xxxxxxxxxx Xxxxxx { Xxxxxxxx, Xxxxxx X0X 0X0 | |||||
| Contact: | Xx. Xxxx Xxxxxxxx Telephone: (000) 000-0000 | |||||||
| AND | FIVE PRIME THERAPEUTICS INC. (called the “Licensee”) | |||||||
| whose | 0000 Xxxxx Xxxxxx, Xxxxx 000 | Xxxxxxx: | Xx. Xxxxxx Xxxxxxxx | |||||
| address is | Xxx Xxxxxxxxx, XX 00000 | Fax: | Telephone: *** (000) 000-0000 | |||||
| E-mail : | Xxxxxx.Xxxxxxxx@xxxxxxxxx.xxx | |||||||
WHEREAS
| (a) | The parties entered into an Agreement, signed by NRC on October 23rd, 2003 (called the “Original Agreement”) by which NRC has granted a Technology Licence on *** VECTORS *** to the Licensee. |
| (b) | The parties wish to amend the Original Agreement. In consideration of the mutual covenants hereunder, the parties agree as follows: |
| 1. | The Original Agreement shall be read with the amended terms stated below. With respect to all other terms, the Parties confirm the Original Agreement. |
| 2. | Upon signature of this Agreement, the amount that the Licensee will pay to NRC in cash for an additional Licence period of five (5) years is *** US dollars (US$***). |
| 3. | The expiry date stated as December 31st, 2008 is amended to be December 31st, 2013. |
SIGNED by the Customer in duplicate at 0000 Xxxxx Xxxxxx, Xxx Xxxxxxxxx, XX 00000
| FIVE PRIME THERAPEUTICS INC. | ||||||
| Date: Dec. 19th 2007 |
Per: | /s/ Xxxx X. Xxxxxxx | ||||
| Name and title: Xxxx X. Xxxxxxx, President and CEO | ||||||
SIGNED by NRC in duplicate at Montreal, Quebec.
| NATIONAL RESEARCH COUNCIL OF CANADA | ||||||
| Date: Jan. 14, 2008 | Per: | /s/ Xx. Xxxxxx X. Xxxxxxxxxx | ||||
| Xx. Xxxxxx X. Xxxxxxxxxx, Director General — BRI | ||||||
