Exhibit 10.1
THIRD
AMENDMENT
to
the
Collaboration, License and Supply Agreement, dated July 6,
2004
by and
between
Acusphere Inc.
(“Acusphere”)
and
Nycomed Danmark ApS
(“Nycomed”)
This Third Amendment
(the “Third Amendment”), effective as of June 4
2008, is entered into by and between Acusphere and Nycomed (the
“Parties”).
WHEREAS, the Parties
are parties to a Collaboration, License and Supply Agreement, dated
July 6, 2004, as amended by the First Amendment to such
agreement dated as of October 15, 2005 and the Second
Amendment to such agreement dated February 9, 2006 (as so
amended, the “Agreement”); and
WHEREAS, in order to
accelerate qualification of Acusphere’s manufacturing
facility under applicable governmental regulations, the Parties
have agreed that Nycomed will contribute to the manufacturing of
validation batches, including the purchase of relevant raw
materials and other manufacturing related capital and personnel
expenditures up to $750,000, such amounts to be credited against
future payments to Nycomed for the commercial supply of AI-700
(Imagify), on the terms and conditions set forth herein;
NOW THEREFORE, for good
and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1.
Nycomed shall reimburse
Acusphere an amount not to exceed $750,000 in the aggregate for
expenses arising from and after June 1, 2008 related to
Acusphere’s qualification of its commercial manufacturing
facility in Tewksbury, Mass
