0001104659-04-007080 Sample Contracts

GlaxoSmithKline Letterhead
Licensing Agreement • March 11th, 2004 • Gilead Sciences Inc • Biological products, (no disgnostic substances)

CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

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AMENDMENT NO. 1 TO LICENSING AGREEMENT
Licensing Agreement • March 11th, 2004 • Gilead Sciences Inc • Biological products, (no disgnostic substances)

THIS AMENDMENT NO. 1 (the “Amendment”) is entered into as of the 9th day of May, 2000, by and among GILEAD SCIENCES, INC., a Delaware corporation, NEXSTAR PHARMACEUTICALS, INC., a Delaware corporation (these two parties collectively referred to herein as “Gilead”) and EYETECH PHARMACEUTICALS, INC., a Delaware corporation (hereinafter “EyeTech”), to amend the Licensing Agreement made effective as of March 31, 2000 (the “Agreement”) by and among Gilead and EyeTech, whereby Gilead licensed EyeTech to further clinically develop and commercialize Gilead’s proprietary compound NX 1838. Capitalized terms used and not otherwise defined herein shall have the meanings given them in the Agreement.

Toll Manufacturing Agreement by and among Gilead World Markets, Ltd Queensgate House South Church Street PO Box 1234 GT Grand Cayman Cayman Islands Gilead Sciences, Inc. Foster City, CA 94404 USA and ALTANA Pharma Oranienburg GmbH Lehnitzstr. 70-98...
Toll Manufacturing Agreement • March 11th, 2004 • Gilead Sciences Inc • Biological products, (no disgnostic substances)

This Amended And Restated Clinical and Commercial Supply Agreement (the “Agreement”) made and effective as of the 01 day of August, 2003 (the “Effective Date”) among, on the one hand, Gilead World Markets, Ltd., a Cayman Company (“Gilead World”), whose registered address is Queensgate House, South Church Street, P.O. Box 1234GT, Grand Cayman, Cayman Islands, and Gilead Sciences, Inc, a Delaware corporation (“Gilead Sciences”) with its principal office located at 333 Lakeside Drive, Foster City, CA 94404, USA (Gilead World and Gilead Sciences collectively, “GILEAD”), and, on the other hand, Altana Pharma Oranienburg GmbH, a German corporation (“APO”) having its principal place of business at Lehnitzstrasse 70-98, 16515 Oranienburg, Germany. Gilead and APO are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

GlaxoSmithKline Letterhead
Licensing Agreement • March 11th, 2004 • Gilead Sciences Inc • Biological products, (no disgnostic substances)

CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

LICENSING AGREEMENT
Licensing Agreement • March 11th, 2004 • Gilead Sciences Inc • Biological products, (no disgnostic substances) • California
MASTER CLINICAL AND COMMERCIAL SUPPLY AGREEMENT AMONG GILEAD WORLD MARKETS, LIMITED AND GILEAD SCIENCES, INC. AND PATHEON INC. JANUARY 1, 2003
Master Clinical and Commercial Supply Agreement • March 11th, 2004 • Gilead Sciences Inc • Biological products, (no disgnostic substances) • New York

All API, Excipient and Component testing shall be performed in accordance with the following Specifications, as may be amended from time to time by mutual written agreement of the Parties:

AMENDMENT NO. 3 TO LICENSING AGREEMENT
Licensing Agreement • March 11th, 2004 • Gilead Sciences Inc • Biological products, (no disgnostic substances)

This Amendment No. 3 to Licensing Agreement (the “Third Amendment”) amends, effective August 30, 2002, the LICENSING AGREEMENT, itself effective as of March 31, 2000 and previously amended first as of May 9, 2000 and second as of December 4, 2001 (as so twice amended, the “Agreement”) originally by and among GILEAD SCIENCES, INC., a Delaware corporation with its principal office located at 333 Lakeside Drive, Foster City, CA 94404 (“Gilead”), and its wholly-owned subsidiary, NEXSTAR PHARMACEUTICALS, INC., a Delaware corporation, on the one hand, and EYETECH PHARMACEUTICALS, INC., a Delaware corporation with its principal office as of the date hereof located at 500 Seventh Avenue, 18th Floor, New York, New York 10018 (“EyeTech”), on the other hand, and currently between Gilead and EyeTech. All capitalized terms used herein and not otherwise defined shall have the meanings given in the Agreement. All references to “Sections” and “Articles” are to sections and articles of the Agreement un

AMENDMENT NO. 2 TO LICENSING AGREEMENT
Licensing Agreement • March 11th, 2004 • Gilead Sciences Inc • Biological products, (no disgnostic substances)

THIS AMENDMENT NO. 2 (“the Second Amendment”) is entered into as of December 4, 2001, by and between EyeTech Pharmaceuticals, Inc. a Delaware corporation (“EyeTech”) and Gilead Sciences, Inc., a Delaware corporation (“Gilead”), to amend that certain Licensing Agreement dated as of March 31, 2000, as amended by Amendment No. 1 to Licensing Agreement dated as of May 9, 2000 (the “Agreement”) by and between EyeTech and Gilead (as successor in interest to NeXstar Pharmaceuticals, Inc.). Capitalized terms used and not otherwise defined herein shall have the meanings given them in the Agreement.

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