Exhibit 10.34A
XOMA Ireland Limited
Xxxxxxx Xxxxxxx Xxxxx
Xxxxxxx, Xxxxxx Xxxxx
Xxxxxxx
January 5, 2001
Allergan Sales, Inc.
0000 XxXxxx Xxxxx
Xxxxxx, XX 00000
Attention: Xxxxxx Xxxxxx
RE: Termination of License Agreement
Dear Xx. Xxxxxx:
Reference is made to that certain License Agreement effective as of June
25, 1999, as amended ( the "License Agreement"). Capitalized terms used and not
defined herein shall have the meanings ascribed to them in the License
Agreement.
Having received on November 13, 2000 written notice of ALLERGAN's intention
to terminate the License Agreement pursuant to Section 9.4 thereof, XOMA hereby
acknowledges that the License Agreement will terminate in its entirety and be of
no further force and effect as of February 13, 2001, except as expressly
provided therein.
Notwithstanding either the foregoing or the last two sentences of Section
9.4 of the License Agreement, the parties agree that XOMA is and shall be
entitled to use the ALLERGAN Information for any purposes in or outside the
Field throughout the Territory for no additional consideration, and the License
Agreement is hereby amended in order and to the extent necessary to give effect
to such agreement.
Please acknowledge your agreement with all of the foregoing by signing
below, whereupon this letter shall become a binding agreement between us.
Very truly yours,
XOMA IRELAND LIMITED
s/s Xxxx Xxxx
-----------------------------------------
Xxxx Xxxx, Director,
duly authorized on behalf of XOMA Ireland
in the presence of:
Witness:
/s/ X.X. Xxxx, Director
ACKNOWLEDGED and AGREED
as of the date first above written
ALLERGAN SALES, INC.
By: /s/ Xxxxxx Xxxxxx
----------------------------
Name:
Title:
cc: General Counsel, Allergan Sales, Inc.
