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Exhibit
10.1
AMENDMENT TO
CELERA GENOMICS/APPLIED BIOSYSTEMS
MARKETING
AND
DISTRIBUTION AGREEMENT
AS OF FEBRUARY 4, 2005
AMENDMENT TO
CELERA GENOMICS/APPLIED BIOSYSTEMS
MARKETING AND DISTRIBUTION AGREEMENT
AMENDMENT TO CELERA
GENOMICS/APPLIED BIOSYSTEMS MARKETING AND DISTRIBUTION
AGREEMENT (this “ Amendment ”), dated as of
the 4th day of February, 2005, by and among Applera Corporation
(“ Applera ”), the Applied Biosystems Group of
Applera (“ ABI ”), and the Celera Genomics Group
of Applera (“ CRA ”).
RECITALS
WHEREAS, the parties
have entered into a Celera Genomics/Applied Biosystems Marketing
and Distribution Agreement effective as of April 1, 2002, and
amended and restated as of June 22, 2004 (the “
Agreement ”);
WHEREAS, because ABI
and CRA are both Applera businesses, the Agreement was originally
entered into on the basis that the Applera Corporation Board of
Directors (the “Board”) would retain authority over the
Agreement and monitor performance thereunder;
WHEREAS, the terms and
conditions of the Agreement were established based upon, among
other things, assumptions by all of the parties regarding
ABI’s development and commercialization of products covered
by the Agreement;
WHEREAS, in light of
the fact that ABI’s experience with the development and/or
commercialization of some products covered by the Agreement has
varied from original assumptions, and to further the interests of
the parties based on their original intents when they entered into
the
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