AMENDMENT TO MANUFACTURING AGREEMENT
Exhibit 10.4
AMENDMENT TO MANUFACTURING AGREEMENT
The Manufacturing Agreement between Alcon Pharmaceuticals Ltd. (“Alcon”) and Lifecore Biomedical,
Inc. dated effective on January 1, 2006, is hereby amended as follows:
1.) In Article 2.06, ALCON’s Minimum Volume is increased to ** of Product during each calendar year
beginning in 2009.
2.) The pricing table in Article 3.01 is hereby updated and replaced with the following pricing
table:
Price per gram | ||||
Year | (USD | |||
2008 |
USD ** | |||
2009 |
USD ** | |||
2010 |
USD ** | |||
2011 |
USD ** | |||
2012 |
USD ** | |||
2013 |
USD ** |
3.) In Article 7.01, the term of the Agreement is hereby extended through December 31, 2013.
These changes will be effected and become part of the Manufacturing Agreement on February 1, 2008.
With the exception of the above modifications, all other provisions of the Manufacturing Agreement
remain in full force and effect. Please signify your agreement with the above by signing below and
returning this letter to Alcon.
ALCON PHARMACEUTICALS LTD.
By: | /s/ XXXXXX XXXX | By: | /s/ XXXXXX XXXXXX | |||||||||||
Name: | Xxxxxx Xxxx | Name: | Xxxxxx Xxxxxx | |||||||||||
Title: | General Manager | Title: | Finance Manager | |||||||||||
Date: | January 25, 2008 | Date: | January 25, 2008 |
LIFECORE BIOMEDICAL, INC. |
||||
By: | /s/ XXXXX XXXXXXX | |||
Name: | Xxxxx Xxxxxxx | |||
Title: | Vice President and General Manager of the HD Division | |||
Date: | January 23, 2008 | |||
** | The appearance of a double asterisk denotes confidential information that has been omitted from the exhibit and filed separately, accompanied by a confidential treatment request, with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934. |
-2-