SECOND AMENDMENT (“Amendment No. 2”)Development and Licensing Agreement • February 23rd, 2012 • Gilead Sciences Inc • Biological products, (no disgnostic substances) • California
dated as of December 22, 2011 (“Amendment No. 2 Effective Date”) to the DEVELOPMENT AND LICENSING AGREEMENT dated as of September 27, 1996, as amended and supplemented by the FIRST AMENDMENT AND SUPPLEMENT effective as of November 15, 2005 (the “Agreement”) by and between GILEAD SCIENCES, INC., a Delaware Corporation (“Gilead”), on the one hand, and F. HOFFMANN-LA ROCHE LTD, a corporation organized under the laws of Switzerland, and HOFFMANN-LA ROCHE INC., a corporation organized under the laws of New Jersey, on the other hand (collectively “Roche”). Capitalized terms used but not defined herein shall have the meanings assigned them in the Agreement.
LICENSE AGREEMENT AMENDMENT NO. 5License Agreement • February 23rd, 2012 • Gilead Sciences Inc • Biological products, (no disgnostic substances)
THIS AMENDMENT NO. 5 TO THE LICENSE AGREEMENT (“Fifth Amendment”) is made and entered into effective as of December 22, 2011 (“Fifth Amendment Date”) by and between Roche Palo Alto LLC (successor in interest by merger to Syntex (U.S.A.) Inc.) (“Roche”), having offices at 1 DNA Way, South San Francisco, California, and Gilead Palo Alto, Inc. (f/k/a CV Therapeutics, Inc.) (“CVT”), having a mailing address of 333 Lakeside Drive, Foster City, California 94404. Capitalized terms used in this Fifth Amendment that are not otherwise defined herein shall have the same meaning as such terms are defined in the License Agreement.
