FIRST AMENDMENT TO THE DISTRIBUTION AND MANUFACTURING SERVICES AGREEMENT BETWEEN LEVPHARMA AND SANQUIN
EXHIBIT
10.3.1
FIRST
AMENDMENT TO THE
DISTRIBUTION
AND
MANUFACTURING
SERVICES AGREEMENT
BETWEEN
LEVPHARMA
AND
SANQUIN
THIS
FIRST AMENDMENT is entered into effective as of the latest of the dates of
signatures hereunder by and between the Parties to the DISTRIBUTION AND
MANUFACTURING SERVICES AGREEMENT BETWEEN LEVPHARMA AND SANQUIN dated January
16,
2004 (the “AGREEMENT”): LEV PHARMACEUTICALS, INC., a corporation formed under
the laws of the state of Delaware, having an address at ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇,
▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (“LEVPHARMA”) and the SANQUIN BLOOD SUPPLY
FOUNDATION, a not-for-profit organization formed under the laws of The
Netherlands, having an address at ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇
▇▇▇▇▇▇▇▇▇▇▇, acting for the purposes of the AGREEMENT through its Plasma
Products Division, (“SANQUIN”).
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1.
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The
Parties agree to amend the AGREEMENT as
follows:
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Under
ARTICLE
I - DEFINITIONS,
paragraph
1.14 “TERRITORY” shall be modified to read as follows:
“1.14
“TERRITORY” shall mean Israel and all countries in North, Central and South
America with the exception of the Dutch Overseas Territories, Argentina, and
Brazil. The Territory may be expanded in accordance with the provisions in
Sections 2.1 and/or 2.2(a) of this Agreement.”
2. Ratification.
The
AGREEMENT is ratified and confirmed and shall continue in full force and effect
as amended hereby.
3. Counterparts.
This
FIRST AMENDMENT may be executed in two or more counterparts, and by different
parties hereto on separate counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same
instrument. This FIRST AMENDMENT may be executed by facsimile with original
signatures to follow.
IN
WITNESS WHEREOF, the Parties have caused this FIRST AMENDMENT to the AGREEMENT
to be executed by their duly authorized representatives.
| LEVPHARMA | ||
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| Date: | By: | /s/ Y. T. ▇▇▇▇▇▇▇▇▇▇ |
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| Its: Chief Scientific Officer | ||
| SANQUIN | ||
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| Date: 30-01-06 | By: | /s/ Dr. T. J. F. Bunnen |
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| Its: Chairman of the Executive Board | ||