Exhibit 10.1
AMENDMENT NO. 1
to
LICENSE AGREEMENT
THIS AMENDMENT NO. 1 (“
Amendment No. 1 ”), effective as of this 30th day
of January, 2009 (the “ Effective Date ”), by
and between BUKWANG PHARM., CO., LTD., a Korean corporation with
its principal offices at 398-1, Daebang-Dong, Dongjak-Ku, Seoul
156-020, Korea (“ Bukwang ”) and PHARMASSET,
INC., a Delaware corporation with its principal offices at 303-A
College Road East, Princeton, New Jersey 08540, USA (“
Pharmasset ”).
WITNESSETH:
WHEREAS, Bukwang and Pharmasset have
entered into a license agreement dated as of June 23, 2005
(the “ License Agreement ”), pursuant to which
Bukwang granted Pharmasset certain rights in and to the compound
known as L-FMAU and sometimes also referred to as
“clevudine;” and
WHEREAS, Bukwang and Pharmasset now
wish to amend certain terms of the License Agreement as set forth
herein.
NOW, THEREFORE, in consideration of
the premises and the covenants herein contained, the parties agree
as follows:
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1.
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Capitalized
terms used herein and not otherwise defined shall have the meanings
given to them in the License Agreement.
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2.
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Section 1.35 shall be deleted in its
entirety and replaced with the following:
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“ Territory ”
shall mean all the countries in Central America, North America,
South America, Europe, the Caribbean and Australia, Israel, Japan,
New Zealand and Taiwan, including those countries set forth on
Exhibit E , and any and all territories and possessions of
any such countries.
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3.
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Exhibit
E to the License
Agreemen
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