Common use of AMEND SECTION 4 Clause in Contracts

AMEND SECTION 4. 1. Section 4.1 of the Agreement is hereby amended to delete subsection (c) in its entirety and replace it with the following: " (i) Within forty-five (45) days after the Amendment Effective Date, Lilly will pay SGX a non-refundable research fee of $2,500,000, provided however, that SGX has committed a total of [...***...] ([...***...]) [...***...] to the Research Collaboration during the period between March 26, 2003 and the Amendment Effective Date; and (ii) within forty-five (45) days after the second anniversary of the Effective Date, Lilly will pay SGX a non-refundable research fee of $[...***...], provided however, that SGX has committed a total of [...***...] ([...***...]) [...***...] to the Research Collaboration during the period between March 26, 2003 and the [...***...] of the Effective Date. If SGX has not honored such [...***...] ([...***...]) [...***...] commitment, then Lilly will pay SGX a pro-rated amount under sub-paragraph (ii) above, proportionate with the amount of FTEs that have actually been used as long as the total number of FTEs committed by SGX during the period between March 26, 2003 and the second anniversary of the Effective Date exceeds [...***...]." 1. CONFIDENTIAL TREATMENT REQUESTED

Appears in 1 contract

Sources: Amendment to Agreement (SGX Pharmaceuticals, Inc.)

AMEND SECTION 4. 1. Section 4.1 of the Agreement is hereby amended to delete subsection (c) in its entirety and replace it with the following: " (i) Within forty-five (45) days after the Amendment Effective Date, Lilly will pay SGX a non-refundable research fee of $2,500,000, provided however, that SGX has committed a total of [...***...] ([...***...]) [...***...] to the Research Collaboration during the period between March 26, 2003 and the Amendment Effective Date; and (ii) within forty-five (45) days after the second anniversary of the Effective Date, Lilly will pay SGX a non-refundable research fee of $[...***...]1,500,000, provided however, that SGX has committed a total of [...***...] ([...***...]) [...***...] to the Research Collaboration during the period between March 26, 2003 and the [...***...] second anniversary of the Effective Date. If SGX has not honored such [...***...] ([...***...]) [...***...] commitment, then Lilly will pay SGX a pro-rated amount under sub-paragraph (ii) above, proportionate with the amount of FTEs that have actually been used as long as the total number of FTEs committed by SGX during the period between March 26, 2003 and the second anniversary of the Effective Date exceeds [...***...]." 1. CONFIDENTIAL TREATMENT REQUESTED

Appears in 1 contract

Sources: Amendment to Agreement (SGX Pharmaceuticals, Inc.)