CERTAIN MATERIAL (INDICATED BY AN ASTERISK) HAS BEEN OMITTED FROM THIS DOCUMENT
PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED MATERIAL HAS BEEN
FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
EXHIBIT 10.23
AMENDMENT TO THE LICENSE AGREEMENT BY AND BETWEEN
GEN-PROBE INCORPORATED, BIOANALYSIS, LTD.
AND THE UNIVERSITY OF WALES COLLEGE OF MEDICINE
DATED JANUARY 21, 1986
This Agreement is entered into as of this 11th day of May, 1989, by and
between Gen-Probe Incorporated, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇ ("Gen-Probe"), Bioanalysis, Ltd., ▇.▇. ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇
▇▇▇▇▇▇▇ ("Bioanalysis"), and the University of Wales College of Medicine,
located at ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ("UWCM").
WHEREAS, Gen-Probe, Bioanalysis and UWCM are parties to a License
Agreement dated January 21, 1986, (the "Agreement"); and
WHEREAS, the parties desire to make certain modifications to the Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein and other good and valuable consideration, the receipt of
which is hereby acknowledged, the parties hereby agree as follows:
1. Article 1, Subpart G of the Agreement shall be amended to read as
follows:
G. "LICENSED PRODUCTS" shall mean products (i) for the diagnosis,
detection, prognosis or monitoring of infectious disease agents, (ii)
for the diagnosis, detection, prognosis or monitoring of oncogenes or
various forms of cancer and (iii) for the detection or monitoring of
levels of all bacteria as a screen for corrosion-causing
microorganisms (through the use of probes to conserved sequences)
[***] and for the detection or monitoring of two types of
corrosion-causing microorganisms which have been isolated by [***]
(one of which is believed to be a member of the genus [***] and the
other of which is believed to be a member of the genus [***]), which
(i) incorporate Bioanalysis Confidential Information and/or subject
matter within the scope of any valid claims of any patent in the
University
*** Certain information on this page has been omitted and filed separately with
the Commission. Confidential treatment has been requested with respect to the
omitted portions.
Patents Rights or the Bioanalysis Patent Rights and (ii) utilize nucleic acid
hybridization technology in such diagnosis, detection, prognosis or monitoring.
IN WITNESS WHEREOF, Gen-Probe, Bioanalysis and UWCM have duly executed
this Amendment on the dates indicated below.
GEN-PROBE INCORPORATED BIOANALYSIS, LTD.
By: /s/ By: /s/
-------------------------- -------------------------
Title: President & CEO Title: Director
----------------------- ----------------------
Date: 5/17/89 Date: 17/5/89
------------------------ -----------------------
UNIVERSITY OF WALES COLLEGE
OF MEDICINE
By: /s/
--------------------------
Title: DEPUTY REGISTRAR
-----------------------
Date: 18 May 1989
------------------------
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