*** Text Omitted and Filed
Separately
Pursuant to a Confidential Treatment Request
Under 17 C.F.R. §§ 200.80(b)(4)
and 240.24b-2
FOURTH AMENDMENT of the
COLLABORATION AGREEMENT
This Fourth
Amendment of the Collaboration Agreement is made this 28
th day of September 2005 (the “Fourth
Amendment”) by and between IDM Pharma, Inc. (formerly
Epimmune Inc. (hereinafter referred to as “Epimmune”)),
having an office and a place of business at 5820 Nancy Ridge Drive,
San Diego, California 92121 U.S.A (hereinafter referred to as
“IDMI”), and Innogenetics N.V. , having an
office and a place of business at Technologiepark 6, B-9052 Ghent,
Belgium (hereinafter referred to as “INNX”) to amend
the Collaboration Agreement dated July 9, 2001 between IDMI
and INNX (the “Agreement”), as amended by a First
Amendment of the Collaboration Agreement, dated October 16,
2002 (the “First Amendment”), a Second Amendment of the
Collaboration Agreement, dated October 7, 2003 (the
“Second Amendment”) and a Third Amendment of the
Collaboration Agreement, dated March 16, 2004 (the
“Third Amendment”).
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Epimmune and Genencor International,
Inc. (“GCOR”) executed the Agreement and proceeded to
work thereunder;
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Epimmune and GCOR executed the First
Amendment and the Second Amendment;
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GCOR assigned this Agreement,
amended as aforesaid, to INNX by virtue of an Assignment and, in
that capacity, INNX replaced GCOR as a signatory to the Agreement
and continued to work with Epimmune thereunder;
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Epimmune and INNX executed the Third
Amendment;
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Epimmune Inc. combined with IDM S.A.
and changed its name to IDM Pharma, Inc.;
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IDMI and INNX (hereinafter sometimes
individually referred to as the “Party” and
collectively as the “Parties”) have successfully
collaborated under the Agreement and its various Amendments, as
aforesaid; and
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The
Parties are desirous of extending the Agreement in scope and
duration as specified herein under the following terms and
conditions.
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NOW THEREFORE,
the Parties hereto agree to amend the Agreement, as
follows:
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1.
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The
Parties acknowledge that, as of the Effective Date of this Fourth
Amendment, references to EPMN in the Agreement, as amended by the
First Amendment, the Second Amendment, the Third Amendment and this
Fourth Amendment, shall be amended so as to replace
“EPMN” with “IDMI.”
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2.
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Section 4.1 shall be amended to
read, as follows:
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“4.1
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(a)
Funding . Subject to
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