AMENDMENT NO. 4
TO THE
ENBREL® SUPPLY
AGREEMENT
This Amendment No
4 (this “ Amendment No. 4 ”) is made as of
this 21 st
day of May, 2004 (the
“Amendment No. 4 Effective Date”) by and among
Immunex Corporation, a Washington corporation having its principal
place of business at One Amgen Center Drive, Thousand Oaks,
California 91320 (together with its Affiliates, “
Immunex ”), Wyeth (formerly, “American Home
Products Corporation”), a Delaware corporation having its
corporate headquarters at Five Giralda Farms, Madison, New Jersey
07940, acting through its Wyeth Pharmaceuticals division (together
with its Affiliates, “ Wyeth ”), and Boehringer
Ingelheim Pharma GmbH & Co. KG, a German corporation having a
place of business at Birkendorfer Straße 65, 88397 Biberach
an der Riss, Federal Republic of Germany (“ BIP
”), and amends the Enbrel® Supply Agreement effective as
of November 5, 1998, as amended by Amendment No. 1
effective June 27, 2000, Amendment No. 2 effective
June 3, 2002, and Amendment No. 3 effective
December 18, 2002 (the “ Agreement
”).
WHEREAS, Immunex,
Wyeth and BIP have entered into the Agreement for BIP’s
supply of Enbrel® (etanercept) to Immunex and
Wyeth; and
WHEREAS, the
Parties have determined that in addition to the rights and
obligations set forth in the Agreement, they wish to have BIP
manufacture and supply Immunex and Wyeth with vials of
Enbrel® in 50 mg. dosage forms.
NOW, THEREFORE, in
consideration of the mutual covenants contained herein, and for
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties hereto, each intended
to be legally bound, hereby agree as follows:
1.
Capitalized Terms. All initially capitalized terms used
herein and not defined shall have the meanings set forth in the
Agreement.
2. Drug
Product and Finished Product Including 50 mg. Dosage Forms.
Beginning on the Amendment No. 4 Effective Date, all
referenc
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