Contract
Exhibit 10.57
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
January 28, 2003
▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Boehringer Ingelheim International GmBH
▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇
▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇
Re: Amendment No. 4 to Development and Marketing Agreement
Dated March 23, 2001 (“Agreement”)
Dear ▇▇▇▇▇:
Words and expressions defined or interpreted in the Agreement shall have the same meanings and interpretations when used in this letter (the “Amendment”). The Agreement is hereby amended to insert the following as Section 2.10:
“2.10 [*]:
(a) InterMune
[*] BI a [*] for the [*] of any [*]
(as defined in Section 2.10(b)) of [*]
as follows: If [*] of any [*] for which it
[*]
then
prior to [*] shall notify [*] in writing, and shall provide [*] with all [*] reasonably necessary for [*] If [*]
also intends
such
[*] shall also provide [*] as well as all [*] if any, in its possession and
control. If [*] after any such notice from [*]
upon
which [*] then the parties shall [*]
If the Parties do not [*]
shall have no [*] with respect to
such [*] provided that if
the
[*] also would have [*] shall have no [*] with respect to any [*]
For clarity, [*] as used
herein, specifically [*] including
without
limitation a [*]
(b) [*] having as its [*] and which may either be [*]
(c) The Parties acknowledge that (1) [*] in addition to those [*] and (2) except as specifically set forth in [*] in addition to those [*] the Agreement.
(d) [*] the Parties agree that [*] of the Agreement will [*] of the Agreement.
(e) The Parties will [*] prior to [*] in Article 2.10.
1
If you agree with the above, please signify your acceptance by signing and returning one original of this letter.
Best regards,
|
InterMune, Inc. |
Accepted for
and on behalf of |
||||||||
|
|
|
||||||||
|
/s/ ▇▇▇▇ ▇. ▇▇▇▇ |
|
|
|||||||
|
|
|
||||||||
|
▇▇▇▇ ▇. ▇▇▇▇ |
By: |
/s/ Dr. P. ▇▇▇▇▇▇ |
|
||||||
|
▇▇. Vice President of |
|
||||||||
|
Corporate Development |
Name: |
Dr. P. Johann |
|
||||||
|
|
|
||||||||
|
|
Title: |
Authorised Signatories |
|
||||||
|
|
|
||||||||
|
|
Date |
January 31, 2003 |
|
||||||
|
|
|
|
|
||||||
|
|
|
||||||||
|
|
By: |
/s/ C. ▇▇▇▇▇ |
|
||||||
|
|
|
||||||||
|
|
Name: |
C. ▇▇▇▇▇ |
|
||||||
|
|
|
||||||||
|
|
Title: |
Authorised Signatories |
|
||||||
|
|
|
||||||||
|
|
Date: |
|
|
||||||
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
2