Amendment No. 1 to Development and Supply Agreement between Abbott Laboratories and InterMune, Inc.
Abbott Laboratories and InterMune, Inc. have agreed to amend their existing Development and Supply Agreement. The amendment updates the project scope, modifies the payment schedule for research and development fees, and requires the parties' quality assurance teams to create a new quality agreement covering compliance and product quality issues. All other terms of the original agreement remain unchanged. This amendment is effective as of late April 2002 and includes additional activities and fees as detailed in an attached schedule.
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EXHIBIT 10.50
[*]=CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND
FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT
HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
AMENDMENT NUMBER 1
To the Development and Supply Agreement dated December 28, 2001 (the Agreement) between Abbott Laboratories ("Abbott") and InterMune, Inc. ("InterMune").
Abbott and InterMune agree to amend the Agreement as follows:
1. The parties agree to amend the scope of the project as set forth in Exhibit C of the Agreement. Exhibit C of the Agreement shall be amended to include the work set forth on Attachment A hereto.
2. Section 5.1(b) is deleted in its entirety and replaced with the following:
The remainder of the Fee will be invoiced and paid according to the annual payment schedule in Exhibit C. [*] installments of the Research and Development Fee shall be paid within [*] of the receipt of each [*] Abbott invoice for the amount due. Invoices shall precede, [*] from the previous [*]
3. Section 8.3(b) is deleted in its entirety and replaced with the following:
Quality Assurance. Within [*] after the date of the signing of this Agreement, representatives of the parties' Quality Assurance departments shall meet to develop and approve a quality agreement ("Quality Agreement") outlining the responsibilities and key contacts for quality and compliance related issues. Items to be included in the Quality Agreement include, but are not limited to recalls, annual product reviews, returned goods, regulatory audits, compliance with cGMP, compliance with such other quality related concerns deemed appropriate.
Capitalized terms used herein and not otherwise defined shall have the same meaning as under the Agreement.
Except as specifically set forth above, all other terms and conditions of the Agreement shall remain in full force and effect.
| INTERMUNE, INC. | ABBOTT LABORATORIES | |||
By: | /s/ PETER VAN VLASSELAER Peter Van Vlasselaer | By: | /s/ CHARLES T. MITCHELL Charles T. Mitchell | |
Title: | Sr. VP. Tech Ops | Title: | GM, Pharma | |
Date: | 4/26/02 | Date: | April 25, 2002 | |
Attachment A
ADDITIONAL ACTIVITIES AND FEES
Scope Change 2A:
Characterization of Lilly Strain A82846-UV37-B
[*]
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Attachment A
ADDITIONAL ACTIVITIES AND FEES
