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EXHIBIT 10.40
Pharmion Corporation
2525 28th Street
Boulder, Colorado 80301
August 18, 2003
Celgene Corporation
7 Powder Horn Drive
Warren, New Jersey 07059
Attention: Sol J. Barer, PhD
Gentlemen:
On March 3, 2003, Pharmion GmbH ("Pharmion"), Pharmion Corporation
and Celgene
Corporation ("Celgene") entered into an Amendment No. 1 (the
"Amendment") to the
License Agreement among such parties dated November 16, 2001 (the
"Agreement").
Except as otherwise indicated, capitalized terms used herein have
the meaning
ascribed to them in the Agreement or the Amendment.
In the course of an internal contract review, we believe that our
mutual
intentions relating to an extension of time contemplated by Section
8 of the
Amendment, which changed from three years to five years a trigger
date on a
Celgene termination right under Section 9.3(b)(i) of the Agreement,
should also
apply to Section 9.4 (a) of the Agreement relating to
co-exclusivity.
In addition, as we have explained to you, to date we have only been
able to
obtain liability insurance coverage of $15 million per occ
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