Supply Agreement - Sequenom Instruments GmbH and Bertram Mhller-Myhsok
SEQUENOM
AGREEMENT
by and between
PD Dr. Bertram Mhller-Myhsok
Markusstr. 11
20355 Hamburg
Germany
hereinafter called `BMM'
and
SEQUENOM Instruments GmbH
Mendelssohnstr. 15 D
22761 Hamburg
Germany
hereinafter called `SEQ'
Preamble
SEQ is establishing a proprietary [***].
BMM will provide SEQ with [***] (the "Product"), out of which SEQ will [***]
which covers the human genome with a [***] thus offering high resolution in gene
mapping projects.
Product Specification
BMM will provide SEQ with [***] human DNA marker sequences, with the
heterozygous rate [***] Primarily, such markers will include [***].
The markers will be spread equally over the human genome, enabling Sequenom to
select a final portfolio of [***] with an [***], and to use such markers within
gene mapping and linkage analysis projects.
PCR product size (to be indicated for each marker) should not exceed [***]
nucleotides.
PROBE(TM) products should - including primer - not exceed [***] nucleotides.
Delivery Time
The first list of 100 markers will be provided to SEQ within 30 days following
signature of this agreement. The full list of [***] markers will be provided to
SEQ within 90 days following signature of this agreement.
[***] Portions of this page have been omitted pursuant to Confidential Treatment
request and filed separately with the Commission.
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SEQUENOM
Compensation
(I) SEO will pay to BMM
(a) immediately upon signature of this agreement DM [***]
(b) upon delivery of the list of [***] markers DM [***]
(II) Upon delivery of the list of [***] markers to SEQ, Sequenom, Inc., 11555
Sorrento Valley Rd., San Diego, CA 92121, USA will grant to BMM options to
purchase [***] shares in Sequenom common stock at a share price of US$[***] per
share on or before December 31, 2002.
If Sequenom, Inc., does not float shares with a US or European stock market on
or before July 31, 1999, Sequenom, Inc., will buy back - on BMM's written
request - such options, at an option price equivalent to the share price agreed
upon with institutional investors for equity investments or private placements
in Sequenom common stock and executed within 1999.
Upon execution of the options by BMM, SEQ will reimburse BMM for the nominal
share value of US$ [***] per share.
Law, Jurisdiction
This agreement is governed by German law.
Place of jurisdiction is Hamburg.
Hamburg, Hamburg, July 08, 1997
/s/ Dr. Bertram Mhller-Myhsok /s/ Dr. Toni Schuh
Dr. Bertram Mhller-Myhsok Sequenom Instruments GmbH
Dr. Toni Schuh
Managing Director
/s/ Prof. Dr. Hubert K'ster
Sequenom, Inc.
Prof. Dr. Hubert K'ster
Executive Vice President
Chief Technology Officer
[***] Portions of this page have been omitted pursuant to Confidential Treatment
request and filed separately with the Commission.