EXHIBIT 10.28
AMENDMENT
This amendment (the "Amendment"), dated March 29, 2001, is being made between
KERYX BIOPHARMACEUTICALS, INC., a corporation organized under the laws of the
State of Delaware, with offices at Xxxxxx Xxxx 0, Xxxxxxxxx 00000 Xxxxxx
("Keryx"), and CHILDREN'S MEDICAL CENTER CORPORATION, 000 Xxxxxxxx Xxxxxx,
Xxxxxx, Xxxxxxxxxxxxx 00000 Xxxxxx Xxxxxx of America ("CMCC").
WHEREAS the parties executed a License Agreement, dated November 12, 1999,
pursuant to which, among other things, meet certain development milestones (the
"License Agreement"); and
WHEREAS the parties have determined that the proper development and funding of
the technology that is the subject of the License Agreement justifies amendments
to the clauses addressing the development milestones and Keryx's reporting
requirements;
IT IS HEREBY AGREED by and between the parties:
1. Article III.B.1 of the License Agreement shall be deleted in its entirety
and replaced with the following language:
B. Licensee shall accomplish development of Licensed Products and/or
Licensed Processes according to the following timetable:
1. file an Initial New Drug Application ("IND") for a Licensed
Product with United States Food and Drug Administration ("FDA")
or its foreign equivalent in a country with reasonably comparable
requirements within forty two (42) months from the identification
of the first lead compound; and
2. This Amendment shall not be deemed to alter in any manner any rights
and/or obligations of either party except as specifically set forth
above.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment, by proper
persons duly authorized.
KERYX BIOPHARMACEUTICALS, INC. CHILDRENS MEDICAL CENTER
CORPORATION
By: /s/ Xxxxxx Xxxxxx By: /s/ Willliam New
----------------------------- -------------------------
Name: Xxxxxx Xxxxxx, M.D. Name: Xxxxxxx New
Title: Chief Executive Officer Title:
