0000950123-17-000444 Sample Contracts

FIRST AMENDMENT TO LICENSE AGREEMENT
License Agreement • January 25th, 2017 • Athenex, Inc. • Pharmaceutical preparations

This FIRST AMENDMENT TO LICENSE AGREEMENT (this “First Amendment”) is made and entered into as of this 23rd day of December, 2016 (“Effective Date”) by and between Athenex, Inc., formerly known as Kinex Pharmaceuticals, LLC, a corporation organized and existing under the laws of the state of Delaware, USA, with a principal place of business at 1001 Main Street, Suite 600, Buffalo, New York 14203 (“Athenex”), and PharmaEssentia Corp., a publicly traded company organized and existing under the laws of Taiwan with a principal place of business at 13F., No. 3 YuanQu Street, Nankang District, Taipei 115, Taiwan (“PharmaEssentia”).

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CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT
Trial Collaboration and Supply Agreement • January 25th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York

This CLINICAL TRIAL COLLABORATION AND SUPPLY AGREEMENT (this “Agreement”), made as of October 24, 2016 (the “Effective Date”), is by and between Athenex, Inc., also known as Kinex Pharmaceuticals, Inc. (“Athenex”), a Delaware corporation having a place of business at 1001 Main Street, Suite 600 Buffalo, New York, and Eli Lilly and Company, having a place of business at Lilly Corporate Center, Indianapolis, Indiana 46285 (“Lilly Parent”) and ImClone LLC, having a place of business at 450 East 29th Street 12th Floor, New York, NY 10016 (“ImClone”, and together with Lilly Parent, “Lilly”. Athenex and Lilly are each referred to herein individually as “Party” and collectively “Parties”.

EMPLOYMENT AGREEMENT Amended and Restated June 1, 2015
Employment Agreement • January 25th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York

THIS AGREEMENT is an amendment and restatement of the agreement entered into on March 1, 2013, and amended and restated effective March 10, 2014, by and between Johnson Lau (the “Executive”), and Kinex Pharmaceuticals, Inc. (the “Corporation”).

EMPLOYMENT AGREEMENT
Employment Agreement • January 25th, 2017 • Athenex, Inc. • Pharmaceutical preparations • New York

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of June 1, 2015 (the “Effective Date”) by and between KINEX POLYMED HONG KONG LTD, a company existing under the laws of Hong Kong, having its principal office at 18th Floor, Edinburgh Tower, The Landmark, 15 Queen’s Road Central, Hong Kong (the “Company”), and WILLIAM ZUO, PhD an individual residing at 20B E Shady Ln, Houston, TX 77063 (“Executive”).

FIRST AMENDMENT TO LICENSE AGREEMENT
License Agreement • January 25th, 2017 • Athenex, Inc. • Pharmaceutical preparations

This FIRST AMENDMENT TO LICENSE AGREEMENT (this “First Amendment”) is made and entered into as of this 23rd day of December, 2016 (“Effective Date”) by and between Athenex, Inc., formerly known as Kinex Pharmaceuticals, Inc., a corporation organized and existing under the laws of the state of Delaware, USA, with a principal place of business at 1001 Main Street, Suite 600, Buffalo, New York 14203 (“Athenex”), and PharmaEssentia Corp., a publicly traded company organized and existing under the laws of Taiwan with a principal place of business at 13F., No. 3 YuanQu Street, Nangang District, Taipei 115, Taiwan (“PharmaEssentia”).

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