Letter Agreement Regarding Manufacturing Process for Ad5CMVp-53 Between Introgen Therapeutics and Rhone-Poulenc Rorer Pharmaceuticals Inc.

Summary

Introgen Therapeutics and Rhone-Poulenc Rorer Pharmaceuticals Inc. entered into this letter agreement to clarify their understanding about the manufacturing process for the p53 Product (Ad5CMVp-53) for clinical trials. The agreement outlines each party's rights and obligations regarding the supply and patent rights related to the product. Both parties confirm that, aside from patents listed in attached exhibits, they do not hold other relevant patent rights. The agreement does not alter the terms of their existing collaboration, except as specifically stated. The agreement is effective upon signature by both parties.

EX-10.20D 13 h74007a3ex10-20d.txt LETTER AGREEMENT 1 EXHIBIT 10.20(d) INTROGEN THERAPEUTICS 301 CONGRESS AVENUE, SUITE 1850 AUSTIN, TX 78701 ###-###-#### April 19, 1999 Rhone-Poulenc Rorer Pharmaceuticals Inc. 500 Arcola Road P.O. Box 1200 Collegeville, PA ###-###-#### Gentlemen: This letter confirms the understanding reached by Introgen and RPR with respect to certain issues regarding the manufacturing process for Ad5CMVp-53 (the "p53 Product"). In particular, the parties agree as follows: 1. Introgen will [*] for the purpose of supplying the p53 Product materials for clinical trials. Accordingly, until [*]. 2. Notwithstanding the provisions of Paragraph 1, above, in the event that [*]. 3. [*] [*] 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. 2 Rhone-Poulenc Rorer Pharmaceuticals Inc. April 19, 1999 Page 2 4. RPR represents and warrants that, other than the patent(s) and patent applications(s) listed on Exhibit A hereto, neither RPR nor its Affiliates has rights to any patent or patent application (including without limitation any invention disclosure or draft patent application for which a patent application is intended to be filed) the rights under which would be required to carryout the [*]. Introgen represents and warrants that, other than the patent(s) and patent applications(s) listed on Exhibit C hereto, Introgen does not have rights to any patent or patent application (including without limitation any invention disclosure or draft patent application for which a patent application is intended to be filed) the rights under which would be required to carryout the [*]. To the extent that Exhibits A and C are not completed as of the date hereof, the parties will complete and exchange such Exhibits within 30 days and the same shall be initialed by the parties and attached hereto. 5. Nothing in this Letter Agreement is intended to modify the terms of the Collaboration Agreement or the Agreement Memorandum, except as expressly provided in and subject to Paragraph 2 above. If RPR agrees with these terms and conditions, please execute in the spaces provided below, and return a signed copy to me at your earliest convenience. Best Regards, /s/ David G. Nance David G. Nance Chief Executive Officer AGREED AND ACCEPTED: RHONE-POULENC RORER PHARMACEUTICALS INC. By: [ILLEGIBLE] ----------------------------- Title: VP -------------------------- Date: 4/21/99 --------------------------- cc: Robert Werner, RPR Ken Clark, WSGR [*] 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.