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EXHIBIT 10.3
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Michael MORRISSEY, PhD
President of Research and Development EXELIXIS
INC
170 Harbor Way,
P.O. Box 511
SOUTH SAN FRANCISCO, CA 94083-511
U.S.A.
Paris, May 27th,
2009
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Re:
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Effective
Date of the Collaboration Agreement
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Dear Michael,
In connection with the Collaboration
Agreement, made and entered into as of May 27, 2009 (the
“Collaboration Agreement”) by and between Exelixis Inc,
a Delaware corporation having its address at 170 Harbor Way, P.O.
Box 511, South San Francisco, California 94083-0511 («
Exelixis ») and Sanofi-Aventis, a French company, having an
address at 174, Avenue de France, 75013 Paris, France
(“Sanofi-Aventis”), Exelixis and Sanofi-Aventis hereby
confirm the understandings set forth with respect to the Effective
Date of the Collaboration Agreement and the obligations to submit
any required regulatory filings.
1. Notwithstanding anything to the
contrary in the Collaboration Agreement, the Collaboration
Agreement shall not become effective until the expiration or
earlier termination of the waiting period under the U.S.
Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( the
“HSR Act”) in the United St
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