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AMENDMENT NO. 1
TO
DEVELOPMENT AND COMMERCIALIZATION AGREEMENT
THIS AMENDMENT NO. 1 (the “
Amendment ”), dated January 16, 2009, amends that
certain Development and Commercialization Agreement, dated as of
January 4, 2009 (the “ Development Agreement
”), by and between La Jolla Pharmaceutical Company, a
Delaware corporation (the “ Company ”), and
BioMarin CF Limited, an Irish corporation (“ BioMarin
CF ”).
A. WHEREAS, in connection with the
Development Agreement, the Company and BioMarin Pharmaceutical
Inc., a Delaware corporation (“ BioMarin
Pharmaceutical ”), entered into that certain Securities
Purchase Agreement, dated as of January 4, 2009 (the “
Securities Purchase Agreement ”);
B. WHEREAS, the Company and BioMarin
Pharmaceutical have made certain changes to the Securities Purchase
Agreement in the form of an amendment to the Securities Purchase
Agreement (the “ Amendment to the Securities Purchase
Agreement ”); and
C. WHEREAS, the Company and BioMarin CF
desire to make conforming changes to the Development Agreement to
reflect certain changes made by the Amendment to the Securities
Purchase Agreement.
NOW, THEREFORE, in consideration of the
foregoing, the parties agree as follows:
1. Section 1.41 of the Deve
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