Collaborative Research, Development and Marketing Agreement Sample Contracts

1 Confidential material omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions. COLLABORATIVE RESEARCH, DEVELOPMENT AND MARKETING AGREEMENT
Collaborative Research, Development and Marketing Agreement • January 29th, 1997 • Cambridge Neuroscience Inc • Pharmaceutical preparations • California
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AMENDED AND RESTATED COLLABORATIVE RESEARCH, DEVELOPMENT AND MARKETING AGREEMENT Between MITOTIX, INC. and THE DUPONT MERCK PHARMACEUTICAL COMPANY dated as of June 2, 1997
Collaborative Research, Development and Marketing Agreement • June 9th, 2004 • GPC Biotech Ag • Delaware

THIS AMENDED AND RESTATED COLLABORATIVE RESEARCH, DEVELOPMENT AND MARKETING AGREEMENT dated as of June 2, 1997 (the “Agreement”) is made between MITOTIX, INC., a Delaware corporation having its principal place of business at One Kendall Square, Building 600, Cambridge, Massachusetts 02139 (“Mitotix”), and THE DUPONT MERCK PHARMACEUTICAL COMPANY, a Delaware general partnership having its principal place of business at 974 Centre Road, Wilmington, Delaware 19807 (“DuPont Merck”).

AMENDMENT NO. 1 TO AMENDED AND RESTATED COLLABORATIVE RESEARCH, DEVELOPMENT AND MARKETING AGREEMENT BETWEEN MITOTIX, INC. AND DUPONT PHARMACEUTICALS COMPANY
Collaborative Research, Development and Marketing Agreement • June 9th, 2004 • GPC Biotech Ag

This Amendment No. 1, effective April 3, 2000 (the “Effective Date”) is made to the Collaborative Research, Development and Marketing Agreement dated as of December 6, 1995, as amended and restated as of June 2, 1997 (the “Agreement”) between Mitotix, Inc., a Delaware corporation having its principal place of business at One Kendall Square, Building 600, Cambridge, Massachusetts 02139 (“Mitotix”) and DuPont Pharmaceuticals Company, a Delaware general partnership having its principal place of business at 974 Centre Road, Wilmington, Delaware 19807 (“DPC”).

AMENDMENT NO. 2 TO AMENDED AND RESTATED COLLABORATIVE RESEARCH, DEVELOPMENT AND MARKETING AGREEMENT BETWEEN MITOTIX, INC. AND DUPONT PHARMACEUTICALS COMPANY
Collaborative Research, Development and Marketing Agreement • June 9th, 2004 • GPC Biotech Ag

This Amendment No. 2, effective July 30, 2000 (the “Effective Date”) is an amendment to the Collaborative Research, Development and Marketing Agreement dated as of December 6, 1995, as amended and restated as of June 2, 1997, and as amended by Amendment No. 1 effective April 3, 2000 (collectively the “Agreement”) between GPC Biotech Inc. (formerly Mitotix, Inc.), a Delaware corporation having its principal place of business at One Kendall Square, Building 600, Cambridge, Massachusetts 02139 (“GPC”) and DuPont Pharmaceuticals Company, a Delaware general partnership having its principal place of business at 974 Centre Road, Wilmington, Delaware 19807 (“DPC”).

AMENDMENT NO. 3 TO AMENDED AND RESTATED COLLABORATIVE RESEARCH, DEVELOPMENT AND MARKETING AGREEMENT BETWEEN MITOTIX, INC. AND DUPONT PHARMACEUTICALS COMPANY
Collaborative Research, Development and Marketing Agreement • June 9th, 2004 • GPC Biotech Ag

This Amendment No. 3, effective October 1, 2000 (the “Effective Date”) is an amendment to the Collaborative Research, Development and Marketing Agreement dated as of December 6, 1995, as amended and restated as of June 2, 1997, and as amended by Amendment No. 1 effective April 3, 2000, and as amended by Amendment No. 2 effective July 30, 2000 (collectively the “Agreement”) between GPC Biotech Inc. (formerly Mitotix, Inc.), a Delaware corporation having its principal place of business at One Kendall Square, Building 600, Cambridge, Massachusetts 02139 (“GPC”) and DuPont Pharmaceuticals Company, a Delaware general partnership having its principal place of business at 974 Centre Road, Wilmington, Delaware 19807 (“DPC”).

Amendment No. To amended and Restated Collaborative Research, Development and Marketing Agreement Between Mitotix, Inc. and Bristol-Myers Squibb Pharma Company
Collaborative Research, Development and Marketing Agreement • June 9th, 2004 • GPC Biotech Ag

This Amendment No. 4, effective December 28, 2000 (the “Effective Date”) is an amendment to the Collaborative Research, Development and Marketing Agreement dated as of December 6, 1995, as amended and restated as of June 2, 1997, and as amended by Amendment No. 1 effective April 3, 2000, and as amended by Amendment No. 2 effective July 30, 2000, and as amended by Amendment No. 3 effective October 1, 2000 (collectively the “Agreement”) between GPC Biotech Inc. (formerly Mitotix, Inc.), a Delaware corporation having its principal place of business at 610 Lincoln Street, Waltham, Massachusetts, 02451 (“GPC”) and Bristol-Myers Squibb Pharma Company (successor to and formerly known as DuPont Pharmaceuticals Company), a Delaware general partnership having its principal place of business at 974 Centre Road, Wilmington, Delaware 19805 (“DPC”).

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