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Exhibit 10.02
FIRST AMENDMENT TO COLLABORATION
AGREEMENT
THIS FIRST AMENDMENT dated as of
the 21 st day of
September, 2006 (the "First Amendment") is made between Avalon
Pharmaceuticals, Inc., a Delaware corporation having its principal
place of business at 20358 Seneca Meadows Parkway, Germantown,
Maryland 20876 ("Avalon") and ChemDiv, Inc., a Wisconsin
corporation having its principal office at 11558 Sorrento Valley
Road,, San Diego, California 92121 ("ChemDiv," and together with
Avalon, the "Parties").
WHEREAS, ChemDiv and Avalon
entered into a Collaboration agreement as of July 25, 2006
(the "Agreement") the Parties desire to amend the Agreement.
NOW THEREFORE, in consideration of
the premises and of the covenants herein contained, the Parties
hereto mutually agree as follows:
1. All initially capitalized
terms shall have the same meaning in this First Amendment as in the
Agreement unless otherwise defined in this First Amendment.
2. The Parties agree to amend
the Agreement as set forth in Paragraphs 3 & 4.
3. Add the following
Section 1.1A to Article 1 of the Agreement:
— 1.1A "Additional Compounds" means a supplemental library
specified in an sd file identified in Exhibit B and separate
from compounds transfer
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