Portions of this Exhibit have been redacted because they are both (i) not material and (ii) the
registrant customarily and actually treats such information as private or confidential. Information
that was omitted has been noted in this document with a placeholder identified by the mark [***].
AMENDMENT NO 1 TO C5 PLA
THIS AMENDMENT NO 1 to the Product License Agreement dated March 9, 2012, as subsequently supplemented by a Letter Agreement dated November 4, 2015 (the C5 PLA), is entered into with effect as of January 1, 2018 (the Effective Date), and made between:
|(1) || |
Affibody AB, corp. reg. no ###-###-####, Gunnar Asplunds Allé 24, SE-171 63 Solna (Affibody); and
|(2) || |
Swedish Orphan Biovitrum AB (publ), corp. reg. no 556038-9321, SE-112 76 Stockholm (Licensee).
Affibody and Licensee are collectively referred to as the Parties.
|1. || |
|1.1 || |
Affibody and Licensee will, together with third parties, participate within a [***] funded research project named [***] (the [***]). The parties to the [***] have executed a [***] dated [***] ([***]), and may execute additional agreements within the scope of the [***]. The Main Agreement and any such agreements are jointly referred to as [***].
|1.2 || |
Sobi wishes to use a specific Affibody® Ligand in the [***].
|1.3 || |
In view of this, the Parties hereby agree as follows.
|2.1 || |
Notwithstanding the provisions of the C5 PLA, including section 3.6, Licensee may use the Affibody® Ligand included in [***] (as specified in Appendix A) in research project carried out within the scope of the [***], and in connection therewith transfer and make available such Affibody® Ligand to the other parties in the [***].
|2.2 || |
Licensee agrees that the C5 PLA, including Licensees exclusive licenses and Target exclusivity pursuant to section 5 of the C5 PLA, does not preclude Affibody from participating in the [***]. In addition, each of Affibodys and Licensees rights under the C5 PLA are subject to any conflicting obligations of Licensee and Affibody, as the case may be, to provide access rights to intellectual property under the [***] (including [***] and [***] as defined therein) to the other parties in the [***].
|2.3 || |
Notwithstanding clause 2.2 above, as between the Parties, any [***], shares in [***] and [***] (each term as defined in the Main Agreement) generated and/or owned by any of Affibody and Licensee under the [***], and relating to the Product Technology (including the Affibody® Ligand(s)) or the Platform Technology jointly referred to as [***]), shall be treated as if such [***] and corresponding intellectual property rights had been generated under the scope of the C5 PLA. This means e.g. that any Improvements