Exhibit 10.39
[***] — Certain information in this
exhibit have been omitted and filed separately with the Securities
and Exchange Commission. Confidential treatment has been
requested with respect to the omitted portions.
AMENDMENT NO. 1 TO
SUPPLY AND LICENSE AGREEMENT
This Amendment No. 1 modifies
the Supply and License Agreement between Heska Corporation and
Schering-Plough Animal Health Corporation, dated August 1,
2003 (“Original Agreement”).
1.
Appendix A
: Appendix A to the Original
Agreement is hereby deleted in its entirety and replaced with
Appendix A-1 attached hereto.
2.
Appendix B
: Appendix B to the First
Modified Agreement is hereby deleted in its entirety and replaced
with Appendix B-1 attached hereto.
3.
Appendix D
: [***], of the Original
Agreement is hereby amended to [***]
[***]
[***]
[***]
4.
No Other Changes
. Except as expressly modified
by this Amendment No. 1, all provisions of the Agreement shall
remain in full force and effect. The terms and conditions of
this Amendment No. 1 shall control any conflict with the terms
and conditions of the Original Agreement.
IN WITNESS WHEREOF, the parties have
executed this Amendment by their duly authorized representatives
effective as of the last date on which this Amendment has been duly
signed by both parties.
SIGNED:
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Heska Corporation
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Schering-Plough Animal Health
Corporation
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By:
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/s/ Carol Talkington
Verser
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By: [***]
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Name: Carol Talkington Verser, Ph.D.
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Name: [***]
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Title: Executive Vice President
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Title: [***]
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Date:
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August 31, 2005
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Date:
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August 24, 2005
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