1. | XOMA Ireland Limited and Diversa Corporation collaborated under the Agreement to discover the antibody known as gevokizumab. |
2. | Diversa Corporation changed its corporate name to Verenium Corporation on June 20, 2007 and Verenium Corporation assigned the Agreement to BP on September 2, 2010 in connection with an asset purchase agreement. |
3. | XOMA Ireland Limited assigned the Agreement to XOMA (US) LLC on August 12, 2013. |
4. | The parties now wish to amend certain of the milestone, diligence and reporting terms in the Agreement in order to support the further development of gevokizumab. |
5 | Therefore, the parties hereby agree to the following: |
1. | The third Applicable Payment in section 4.3(i) of the Agreement is deleted in its entirety and replaced with the following: |
Applicable
Payment
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First
XOMA Project
|
Each Successive
XOMA Project
|
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"Enrollment of the last patient in the first Phase III clinical trial
|
$US750,000 with US$250,000 due within 30 days of the achievement of the milestone and the remaining US$500,000 due on February 1, 2017
|
$750,000
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2. | The following new sentence is hereby added to the end of Section 5.7 of the Agreement: |
3. | The following new sentence is hereby added to the end of the first sentence in of Section 5.12 of the Agreement: |
4. | All other terms and conditions of the Agreement shall remain in full force and effect except to the extent that modification is necessary to reflect the amendments provided for above. |
XOMA (US) LLC
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BP BIOFUELS ADVANCED TECHNOLOGY INC.
|
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By:
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/s/ James R. Neal
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By:
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/s/ Patrick Vagner
|
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Name: James R. Neal
|
Name: Patrick Vagner
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Title: VP, Business Development & Program Leadership
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Title: Commercial Manager
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