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AMENDMENT NO. 1 TO LICENSE AND
SUPPLY AGREEMENT
This amendment
(the “Amendment” ) to that certain License and
Supply Agreement dated October 12, 2006 (the “License
Agreement” ) is made by and between Cornerstone Biopharma
Inc., a corporation organized and existing under the laws of the
State of Nevada and having its principal office at 2000 Regency
Parkway, Suite 255 Cary, North Carolina, 27511 USA, and Meiji
Seika Kaisha, Ltd., a company organized and existing under the laws
of Japan and having its principal place of business at 4-16,
Kyobashi 2-chome, Chuo-ku, Tokyo 104-8002 Japan. Capitalized terms
not defined herein shall have the meanings ascribed to them in the
License Agreement.
The parties have
determined to expand the collaboration contemplated by the License
Agreement and accordingly Cornerstone and Meiji hereby agree to
modify and amend the License Agreement as follows:
1. The text
of Article 1(g) shall be deleted and replaced with the following:
“(g) The term “Product” shall mean any
pharmaceutical product containing the Compound as an active
ingredient in a finished form suitable for use by ultimate
customers as identified by the Product Registrations (with
therapeutic indications indicated therein) existing as of the date
of this Agreement, and shall include any other pharmaceutical
product containing the Compound as an active ingredient and/or any
other therapeutic indication of the Product which will hereafter be
developed through collaboration between Licensor and Licensee and
agreed to be added to this Agreement between Licensor and Licensee.
In the event that either party desires to develop any new Product
and/or any new therapeutic indication of the Product which does not
exist as of the date of this Agreement in the Territory, such party
shall notify the other party of such desire and both parties shall
then discuss in good faith with respect to the possible
collaboration for the development of such new Product and/or
therapeutic indication of the Product. Licensee may participate in
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