Fifth Amendment to Collaboration Agreement, by and among the Company, F. Hoffmann-La Roche Ltd and Hoffman-La Roche Inc., dated September 8, 2017
Exhibit 10.1
***Text Omitted and Filed Separately with the Securities and Exchange Commission
Confidential Treatment Requested Under
17 C.F.R. Sections 200.80(b)(4) and 240.24b-2
FIFTH AMENDMENT TO
COLLABORATION AGREEMENT
This Fifth Amendment (Fifth Amendment) to the Collaboration Agreement (the Agreement) by and between F. Hoffmann-La Roche Ltd, with an office and place of business at Grenzacherstrasse 124, 4070, Basel, Switzerland, and Hoffmann-La Roche Inc., with an office and place of business at 150 Clove Road, Suite 8, Little Falls, New Jersey 07424, U.S.A. (together, Roche), on the one hand, and Foundation Medicine, Inc., with an office and place of business at 150 Second Street, Cambridge, MA 02141, U.S.A. (FMI), on the other hand (each a Party, and collectively, the Parties), as such Agreement has been amended from time to time, is entered into by and between the Parties and shall be considered effective as of the 8th of September, 2017 (the Fifth Amendment Effective Date). Capitalized terms used in this Fifth Amendment and not otherwise defined herein are used with the meanings ascribed to them in the Agreement.
1. | Section 1.27. Section 1.27 of the Agreement is hereby replaced with the following: |
1.27 Excepted Activities
The term Excepted Activities shall mean [ *** ].
[Signature page follows.]
IN WITNESS WHEREOF, the Parties hereto have caused this Fifth Amendment to be executed and effective as of the Fifth Amendment Effective Date. All other terms and conditions of the Agreement remain in force and effect.
FOUNDATION MEDICINE, INC. | F. HOFFMANN-LA ROCHE LTD | |||||||
Signed: | /s/ Steven J. Kafka | Signed: | /s/ Luc Schnitzler | |||||
Name: | Steven J. Kafka, Ph.D. | Name: | Luc Schnitzler | |||||
Title: | President & Chief Operating Officer | Title: | Global Alliance & Asset Director | |||||
F. HOFFMANN-LA ROCHE LTD | ||||||||
Signed: | /s/ Stefan Arnold | |||||||
Name: | Stefan Arnold | |||||||
Title: | Head Legal Pharma | |||||||
HOFFMANN-LA ROCHE INC. | ||||||||
Signed: | /s/ John P. Parise | |||||||
Name: | John P. Parise | |||||||
Title: | Authorized Signatory |
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