AMENDMENT NO. 5 TO THE ENBREL® SUPPLY AGREEMENTEnbrel® Supply Agreement • November 9th, 2005 • Amgen Inc • Biological products, (no disgnostic substances)
Contract Type FiledNovember 9th, 2005 Company IndustryThis Amendment No. 5 (this “Amendment No. 5”) is made as of this 30th day of August, 2005 (the “Amendment No. 5 Effective Date”) by and among Immunex Corporation, a Washington corporation having its principal place of business at One Amgen Center Drive, Thousand Oaks, California 91320 (together with its Affiliates, “Immunex”), Wyeth (formerly, “American Home Products Corporation”), a Delaware corporation having its corporate headquarters at Five Giralda Farms, Madison, New Jersey 07940, acting through its Wyeth Pharmaceuticals Division (together with its Affiliates, “Wyeth”), and Boehringer Ingelheim Pharma GmbH & Co. KG, a German corporation having a place of business at Birkendorfer Straße 65, 88397 Biberach an der Riss, Federal Republic of Germany (“BIP”), and amends the Enbrel® Supply Agreement effective as of November 5, 1998, as amended by Amendment No. 1 effective June 27, 2000, Amendment No. 2 effective June 3, 2002, Amendment No. 3 effective December 18, 2002 and Amendment No.