AMENDMENT NO. 1 TO THE COMMERCIALIZATION AGREEMENTSDexcom Inc • November 4th, 2009 • Surgical & medical instruments & apparatus
Animas Corporation, a Delaware Corporation, having a principal place of business at 200 Lawrence Drive, West Chester, PA 19380 (“Animas”) and DexCom, Inc., a Delaware corporation, having a principal place of business at 6340 Sequence Drive, San Diego, CA 92121 (“DexCom”), are parties to the Commercialization Agreement dated July 31, 2008 (the “US Commercialization Agreement”) and the OUS Commercialization Agreement dated January 12, 2009 (the “OUS Commercialization Agreement”). Capitalized terms not defined in this Amendment No. 1 to the Commercialization Agreements (the “Amendment”) shall have the meanings given to them in the US Commercialization Agreement or OUS Commercialization Agreement, as applicable.
LETTER OF AMENDMENT OF THE AMENDED AND RESTATED JOINT DEVELOPMENT AGREEMENTJoint Development Agreement • November 4th, 2009 • Dexcom Inc • Surgical & medical instruments & apparatus
WHEREAS, an Amended and Restated Joint Development Agreement (the “Agreement”) was made and entered into on January 12, 2009, (the “Effective Date”) by and between Animas Corporation, a Delaware Corporation, having a principal place of business at 200 Lawrence Drive, West Chester, PA 19380 (“Animas”) and DexCom, Inc., a Delaware corporation, having a principal place of business at 6340 Sequence Drive, San Diego, CA 92121 (“DexCom”), hereinafter and collectively referred to as the “Parties”. This Letter of Amendment supplements the Amended and Restated Joint Development Agreement dated January 12, 2009 by and between Animas and DexCom and supersedes any term of the Amended and Restated Joint Development Agreement inconsistent with any term recited herein, with the remainder of the Agreement remaining in full force and effect; and
