Exhibit 10.36
First Amendment
to the Design/Build Agreement
between
AES Clean Technology and Dendreon
Corporation
THIS FIRST AMENDMENT (this
“First Amendment”) dated as of February 16, 2006, is
entered into by and between Dendreon Corporation, having an office
at 3005 First Avenue, Seattle, WA, 98121 (“Owner”) and
AES Clean Technology, Inc., having an office at 422 Stump Road,
Montgomeryville, PA, 18936
(“Design/Builder”)
WHEREAS, Design/Builder and Owner
entered into a Design/Build Agreement dated November 4, 2005
(the “Agreement”); and
WHEREAS, Owner and Design/Builder
desire to revise the scope of the Work, as defined in the
Agreement, as set forth below (“Services”);
and
WHEREAS, Owner desires to amend the
pricing structure and other provisions of the Agreement, as set
forth below;
NOW THEREFORE, in consideration of
the mutual covenants and agreements contained herein, the parties
hereto agree as follows:
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1.
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Scope of the
Services .
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The first sentence of
Section 1.1 of the Agreement is hereby replaced with the
following sentence:
Design/Builder shall perform and
complete, or cause to be performed and completed, the design and
construction of all work required for the Project, consistent with
the Redesign Meeting Notes from January 5-6, 2006 and with the
layout depicted in the Perkins + Will drawing identified as
06.01.16, attached hereto as Exhibit A, and as set forth
below:
The scope of work is revised to
reduce the size of the New Jersey manufacturing facility from a 48
workstation facility to a 12 workstation facility with appropriate
laboratory and support areas. The goal of the facility remains the
launch of Provenge and it will also be used for clinical
manufacturing of Provenge.
AES’ scope of work includes
all elements of the Work necessary to for the design and
construction of the 12 work station design including all lighting,
HVAC, power, pass throughs and corridors as shown on Exhibit A. All
specifications and requirements for the 12 workstation facility
remain as outlined in the original scope of Work as set forth in
the Agreement.
