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AMENDMENT NO. 7 TO
AGREEMENT
This Amendment
No. 7 (“ Amendment No. 7 ”) is entered
into effective as of May 20, 2005 (the " Amendment
Effective Date ”), pursuant to and amending that certain
Agreement between Gen-Probe Incorporated, a Delaware corporation
(“ Gen-Probe ”) and Chiron Corporation, a
Delaware corporation (“ Chiron ”). Capitalized
terms used but not defined herein shall have the meanings set forth
in the Agreement.
A. The
parties entered into the Agreement as of June 11, 1998
pursuant to which, among other things, the parties described their
respective rights and obligations with respect to the development,
manufacture, marketing and distribution of Products in the Blood
Screening and Clinical Diagnostic Fields.
B. The
Agreement has been previously amended and supplemented by further
written agreements of the parties.
C. Subsequent
to the execution of the Agreement, Chiron assigned its rights and
obligations with respect to Clinical Diagnostic Products to Chiron
Diagnostics Corporation (“CDC”), and sold the common
stock of CDC to Bayer Corporation (CDC, Bayer Corporation, and
Bayer Corporation’s affiliates being collectively referred to
as “Bayer”). Chiron retained all rights and
ob
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