SETTLEMENT AGREEMENTSettlement Agreement • November 9th, 2006 • Imclone Systems Inc • Biological products, (no disgnostic substances) • New York
This Settlement Agreement, together with the exhibits thereto (collectively, the “Agreement”), dated as of July 19, 2006 (the “Effective Date of Settlement”) is entered into by and between ImClone Systems Incorporated, a Delaware corporation, having an address at 180 Varick Street, New York, NY 10014 USA (“ImClone”) and Merck KGaA, a German corporation with general partners, having an address at Frankfurter Straße, D-64293 Darmstadt, Germany (“Merck”). ImClone and Merck are referred to collectively as the “Parties,” and individually as a “Party”. (All capitalized terms used in this Agreement, unless expressly defined herein, shall have the meaning assigned in the DLA (as referenced below) or the Amendment to the DLA executed concurrently herewith and attached as Exhibit A.)
