Exhibit 10.7.2
*** Confidential
Treatment Requested. Confidential portions of this document have
been
redacted and have been separately filed with the
Commission.
AMENDMENT TO
COLLABORATION AND TECHNOLOGY TRANSFER AGREEMENT
This Amendment to
Collaboration and Technology Transfer Agreement (the
“Collaboration Amendment”) effective as of
December 21, 2001 (the “Amendment Effective
Date”), is entered into by and between Incyte Genomics, Inc.,
a Delaware corporation, with a place of business at 3160 Porter
Drive, Palo Alto, CA 94304 (“Incyte”) and Genomic
Health, Inc., a Delaware corporation, with a place of business at
301 Penobscot Drive, Redwood City, CA 94063
(“GHI”).
| A. |
WHEREAS, the parties to this Collaboration Amendment entered
into that certain “Collaboration and Technology Transfer
Agreement” executed on March 30, 2001 by Incyte and GHI
(the “Agreement”), pursuant to which the Parties were
to collaborate on research and development relating to Paraffin
Extraction Technology (as defined in the Agreement) and grant each
other certain rights and licenses on the terms set forth
therein. |
| B. |
WHEREAS, the Parties wish to enter into an amendment to the
Agreement in order to terminate such collaboration and amend the
Agreement prior to terminating the Agreement. |
NOW THEREFORE, for and in
consideration of the covenants, conditions, and undertakings
hereinafter set forth it is agree by and between the parties as
follows:
| 1. |
All capitalized terms not defined in this Collaboration
Amendment shall have the meanings given to them in the
Agreement. |
| |
| 2. |
Section 1.14 is amended in its entirety to read as
follows: |
| |
| |
“ Incyte Technology ” shall mean any
protocols, training materials and computer software listed in
Exhibit A to this Agreement and associated source code
(specifically including the GEMtools client, Material Manager, GEM
Explorer, and Online Courier packages), in the form used |
