Amendment No. 4 to Development and Marketing Agreement between InterMune, Inc. and Boehringer Ingelheim International GmbH
This amendment, dated January 28, 2003, modifies the existing Development and Marketing Agreement between InterMune, Inc. and Boehringer Ingelheim International GmbH. It adds a new section outlining specific procedures and obligations related to certain development or marketing activities, with details on notifications, information sharing, and decision-making processes. The amendment requires both parties to agree to the new terms by signing the letter. Some confidential information has been omitted from the public version of this document.
Exhibit 10.57
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
January 28, 2003
Dr. David Mitchard
Boehringer Ingelheim International GmBH
Binger Strasse 173
55216 Ingelheim am Rhein
Germany
Re: Amendment No. 4 to Development and Marketing Agreement
Dated March 23, 2001 (“Agreement”)
Dear David:
Words and expressions defined or interpreted in the Agreement shall have the same meanings and interpretations when used in this letter (the “Amendment”). The Agreement is hereby amended to insert the following as Section 2.10:
“2.10 [*]:
(a) InterMune [*] BI a [*] for the [*] of any [*] (as defined in Section 2.10(b)) of [*] as follows: If [*] of any [*] for which it [*]
then prior to [*] shall notify [*] in writing, and shall provide [*] with all [*] reasonably necessary for [*] If [*] also intends
such [*] shall also provide [*] as well as all [*] if any, in its possession and control. If [*] after any such notice from [*]
upon which [*] then the parties shall [*] If the Parties do not [*] shall have no [*] with respect to such [*] provided that if
the [*] also would have [*] shall have no [*] with respect to any [*] For clarity, [*] as used herein, specifically [*] including
without limitation a [*]
(b) [*] having as its [*] and which may either be [*]
(c) The Parties acknowledge that (1) [*] in addition to those [*] and (2) except as specifically set forth in [*] in addition to those [*] the Agreement.
(d) [*] the Parties agree that [*] of the Agreement will [*] of the Agreement.
(e) The Parties will [*] prior to [*] in Article 2.10.
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If you agree with the above, please signify your acceptance by signing and returning one original of this letter.
Best regards,
| InterMune, Inc. | Accepted for and on behalf of | ||||||||
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| /s/ John J. Wulf |
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| John J. Wulf | By: | /s/ Dr. P. Johann |
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| Sr. Vice President of |
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| Corporate Development | Name: | Dr. P. Johann |
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| Title: | Authorised Signatories |
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| Date | January 31, 2003 |
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| By: | /s/ C. Jesse |
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| Name: | C. Jesse |
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| Title: | Authorised Signatories |
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| Date: |
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CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
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