Letter Amendment to Enzyme and Product Supply Agreement between Codexis, Inc. and Arch Pharmalabs Ltd.
Codexis, Inc. and Arch Pharmalabs Ltd. have agreed to change their relationship regarding phenylephrine products from exclusive to non-exclusive. This amendment, effective April 22, 2011, allows both companies to work with other parties for these products, waiving previous exclusivity requirements. All other terms of their original supply agreement remain unchanged for other products.
Exhibit 10.1
Codexis, Inc.
200 Penobscot Drive
Redwood City, CA 94063
Tel: 650 ###-###-####
Fax: 650 ###-###-####
www.codexis.com
April 22, 2011
Mr. Ajit Kamath
Arch Pharmalabs Ltd.
H Wing, 4th Floor
Tex Centre
Off Saki Vihar Road
Chandivali, Mumbai – 400072
India
RE: Conversion of Exclusivity for Phenylephrine, pursuant to the Enzyme and Product Supply Agreement, effective as of February 16, 2010, between Codexis, Inc. (“Codexis”) and Arch Pharmalabs Limited (“Arch”) (the “EPSA”)
Dear Mr. Kamath:
Further to the parties’ discussions regarding the conversion of Arch’s and Codexis’ exclusive relationship to a Non-Exclusive Relationship with respect to phenylephrine and CDX-004, which is used in the manufacture of phenylephrine and its intermediates (collectively, the “Phenylephrine Products”), in consideration of the continued relationship between the parties as set forth in the EPSA, Codexis and Arch hereby agree to such conversion on the terms and conditions set forth in this letter. Defined terms used herein but not defined herein have the meanings ascribed to them in the EPSA.
Notwithstanding anything to the contrary in the EPSA, including without limitation, the non-occurrence of any of the events in Section 4.1, Arch and Codexis hereby agree that the exclusive relationship set forth in Sections 2.1 and 3.1 shall convert to a Non-Exclusive Relationship. Arch hereby waives any requirements set forth in Section 4.1(a), (b) or (c) with respect to any condition precedent to converting the Parties relationship with respect to the Phenylephrine Products to a Non-Exclusive Relationship. The terms of this letter agreement shall become effective as of April 22, 2011.
If you have any questions, please contact Peter Seufer-Wasserthal by telephone (+43 7673 321 511) or email ***@***). For clarity, nothing in this letter shall be deemed to amend, modify, or supersede the terms agreed to in the EPSA with respect to any Product other than the Phenylephrine Products.
Please indicate Arch’s agreement to the above by countersigning each enclosed duplicate of this letter and return one (1) original to the following address:
Codexis, Inc.
Attn: Contracts
200 Penobscot Drive
Redwood City, CA 94063
| Best regards, | ||
| Codexis, Inc. | ||
| By: | /s/ Joseph Sarrett | |
| Name: | Joseph Sarrett | |
| Title: | CBO & President, Pharmaceutical Services & Enzyme Products | |
| Acknowledged, agreed and accepted by: | ||
| Arch Pharmalabs, Ltd. | ||
| Signature: | /s/ Ajit Kamath | |
| Print Name: | Ajit Kamath | |
| Date: | Chairman & Managing Director | |
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