Collaboration Agreement [Amendment No. 1] - Tularik Inc. and Sumitomo Pharmaceuticals Co. Ltd.
AMENDMENT NO. 1 TO COLLABORATION AGREEMENT BETWEEN TULARIK INC. AND SUMITOMO PHARMACEUTICALS CO., LTD THIS AMENDMENT NO. 1 (this "Amendment") to the Collaboration Agreement dated as of January 31, 1995 (the "Collaboration Agreement") by and between Tularik Inc., a Delaware corporation with its principal office at Two Corporate Drive, South San Francisco, California 94080 (herein, together with its successors and assigns, "Tularik"), and Sumitomo Pharmaceuticals Co., Ltd., a Japanese corporation with its principal office at 2-8, Doshomachi 2-chome Chuo- ku, Osaka 541, Japan (herein, "Sumitomo"), is entered into as of March 13, 1997; W I T N E S S E T H: WHEREAS, the parties previously entered into the Collaboration Agreement; WHEREAS, the parties desire to modify Appendix A of the Collaboration Agreement; WHEREAS, in order to accomplish the foregoing, the parties have agreed to amend the Collaboration Agreement in part; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements expressed herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, Tularik and Sumitomo agree as follows: 1. Appendix A of the Collaboration Agreement is hereby amended to add the following as number 7: "7. [ * ] 2. Capitalized terms used herein but not otherwise defined herein shall have the respective meanings assigned to such terms in the Collaboration Agreement. 3. Except as expressly modified by this Amendment, all of the terms and conditions of the Collaboration Agreement shall remain in full force and effect. 4. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall be considered one and the same instrument. <PAGE> IN WITNESS WHEREOF, the parties have executed, or caused their duly authorized officer or representative to execute, this Amendment as of the day and year first above written. TULARIK INC. By: /s/ Terry Rosen ---------------------------- Name: Terry Rosen Title: Vice President, Research Operation SUMITOMO PHARMACEUTICALS CO., LTD. By: /s/ Shigeo Ogino ---------------------------- Name: Shigeo Ogino Title: Managing Director [ * ] = 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 406 of the Securities Act of 1933, as amended.