CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE COMMISSION.
Exhibit 10.17
CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTIONS OF THIS DOCUMENT HAVE BEEN REDACTED AND HAVE BEEN SEPARATELY FILED WITH THE COMMISSION.
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October 18, 2011.
Ms. Kathy Hibbs
Senior Vice President & General Counsel
Genomic Health, Inc.
301 Penobscot Drive
Redwood City, CA 94063
| Re: | Agreement effective February 5, 2005 between Roche Molecular Systems, Inc. (“RMS”) |
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| and Genomic Health, Inc. (“GH”) for use of the Polymerase Chain Reaction (PCR) |
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| technology in human in vitro diagnostic services (“the Agreement”) |
Dear Ms. Hibbs:
Pursuant to the terms of the Agreement and our recent communications regarding Combination Services, enclosed is a revised Attachment II effective July 1, 2011, which reflects the change in the royalty bearing fraction of GH’s Oncotype assays from ***% to ***% and which supersedes the previous Attachment II.
Please acknowledge GH’s acceptance of the new Attachment II by having an authorized representative of GH execute both copies of this letter, each of which, once executed, shall constitute an original. Please forward one of the executed duplicate originals to the attention of Donna Donohue, Licensing Manager, at the below address, retain the other, and replace the dated Attachment II in your Agreement with this version.
| Sincerely, |
| Agreed and Accepted | ||
| ROCHE MOLECULAR SYSTEMS, INC. |
| GENOMIC HEALTH, INC. | ||
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| /s/ Sushma Selvarajan |
| By: | /s/ Kimberly J. Popovits | |
| Sushma Selvarajan |
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| (authorized signature) | |
| Head of Business Development |
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| Name: | Kimberly J. Popovits | |
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| Title: | President & CEO | |
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| Enclosure |
| Date: | 10.21.11 | |
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| Apprv’d As To Form |
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| LAW DEPT. |
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| By: | /s/ [ILLEGIBLE] |
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| Roche Molecular Systems, Inc. |
| 4300 Hacienda Drive | ||
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| PO Box 9002 | ||
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| Pleasanton, CA ###-###-#### | ||
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| USA | ||
*** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION.
ATTACHMENT II
COMBINATION SERVICES
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| Percent of Net Service |
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| Revenues for Combination |
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| Services which is Attributable |
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| Licensed Service(s) |
| to Licensed Service(s) |
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| Oncotype DX |
| *** | % |
This revision is effective as of July 1, 2011
*** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE COMMISSION.
