EXHIBIT 10.22
AMENDMENT TO DISTRIBUTION
AGREEMENT
This Amendment (this
“Amendment”) is entered into as of December 20, 2007,
by and between ID Biomedical Corporation (“IDB”) and
Henry Schein, Inc. (“HSI”).
HSI and IDB have entered into a
certain Distribution Agreement for Fluviral influenza and vaccine
as of December 2, 2004 and have entered into certain amendments to
that agreement from time to time (as amended, the
“Agreement”). In December 2005, IDB became a wholly
owned subsidiary of GlaxoSmithKline Inc., a wholly owned subsidiary
of GlaxoSmithKline plc and an affiliate of SmithKline Beecham
Corporation d/b/a GlaxoSmithKline (“GSK”). HSI and IDB
desire to make certain amendments to the Agreement as set forth
herein, including a clarification regarding a dispute of the
appropriate interpretation of the Agreement with respect to
payments by HSI to IDB of the Federal excise tax, currently in the
amount of $0.75 per dose, levied against the sale of flu vaccine in
the United States.
NOW THEREFORE, in consideration of
the mutual covenants and agreements contained herein, and upon the
terms and subject to conditions set forth below, HSI and IDB,
intending to be legally bound hereby, agree to amend the Agreement
as follows:
1.
Definitions.
All capitalized terms used in this
Amendment without definition shall have the meanings set forth in
the Agreement.
2.
Federal Excise Tax . Section 4.1 is hereby amended, for the 2007/2008
Flu Season, by adding the following sentences at the end
ther
