Amendment No. 2 to Data Transfer, Clinical Trial and Market Supply Agreement between InterMune, Inc. and Boehringer Ingelheim Austria GmbH
This amendment updates certain terms of the existing Data Transfer, Clinical Trial, and Market Supply Agreement between InterMune, Inc. and Boehringer Ingelheim Austria GmbH. The changes replace specific sections of the original agreement, clarifying obligations related to data transfer, clinical trials, and market supply. All other terms of the original agreement remain unchanged. Both parties have agreed to these modifications, which are effective as of the date of the amendment.
Exhibit 10.64
September 18, 2003
By Federal Express
Monika Henninger, Ph.D.
Customer Relations & Projects
Boehringer Ingelheim Austria, GmbH
Dr. Boehringer-Gasse 5-11
A-1121 Vienna
Austria
Re: Amendment No. 2 to Data Transfer, Clinical Trial And Market Supply Agreement January 27, 2000
Dear Dr. Henninger;
As you know, InterMune, Inc. (“InterMune”) and Boehringer Ingelheim Austria GmbH (“BI Austria”) are parties to that certain Data Transfer, Clinical Trial And Market Supply Agreement effective January 27, 2000, as amended June 19, 2002 (the “Agreement”). The parties hereby agree to amend the Agreement as set forth below, effective as of the date of this letter. Any capitalized term used in this letter and not otherwise defined will have the same meaning as set forth in the Agreement.
1. Section [*] of the Agreement is hereby replaced and superseded in its entirety by the following:
“[*] BI Austria shall [*] for the [*] except for the [*] BI Austria shall [*] for the [*] except for the [*] any third party without [*] prior written consent. InterMune shall [*] and from the [*] for the term of this Agreement, subject to [*]”
2. Section [*] of the Agreement [*] is hereby replaced and superseded in its entirety by the following:
“InterMune [*] for the [*] of any [*] the development of [*] where it [*] then prior to [*] shall notify [*] in writing. If [*] after any such notice from [*] upon which [*] would be willing to [*] would be willing to [*] then the Parties shall [*] If the [*] during such time period, then [*] with respect to the [*]”
Except as set forth above, all terms and conditions of the Agreement will remain in full force and effect.
Please acknowledge your agreement to the above by having both enclosed copies of this letter by authorized BI Austria representative where indicated below, and returning one original to the attention of Gloria Lopez, Contracts Administrator, at InterMune. We would be happy to proceed based on receipt of a facsimile copy while awaiting the original.
| Sincerely, | |
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| /s/ Peter Van Vlasselaer |
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| Peter Van Vlasselaer, Ph.D. | |
| Senior Vice President of Technical Operations | |
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Acknowledged and Agreed:
Boehringer Ingelheim Austria, GmbH
| By: | /s/ R. Kurt Konopiizwy |
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| Name: | R. Kurt Konopiizwy |
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| Title: | Head Operations |
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| Date: | 25.9.2003 |
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| By: | /s/ M. Henninger |
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| Name: | Dr. Monika Henninger |
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| Title: | Customer Relations & Projets |
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| Date: | 23.Sept.03 |
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