Amendment 1 to Process Development and Manufacturing Services Agreement
by and between
This Amendment 1 (Amendment 1) to the Process Development and Manufacturing Services Agreement by and between Proteon Therapeutics, Inc., a Delaware corporation, with an address at 200 West Street, Waltham, Waltham, Massachusetts (Proteon) and Lonza Ltd., a Swiss company with an address at Muchensteinerstrasse 38, CH-4002 Basel, Switzerland (Lonza) is made and entered into as of the 21st day of February, 2012 (the Amendment 1 Effective Date). Except as expressly set forth herein, all capitalized terms shall have the same meaning as set forth in the Agreement.
WHEREAS, Proteon and Lonza entered into the Process Development and Manufacturing Services Agreement effective September 1, 2009 (the Agreement); and
WHEREAS, Proteon and Lonza now wish to amend the Agreement as set forth in this Amendment 1.
NOW, THEREFORE, Proteon and Lonza agree as follows:
The following amendments and additions are hereby made to the Agreement:
1. The services to be performed by Lonza under this Amendment 1 are set forth in the amendment to the Project Plan appended hereto as Exhibit A-1 and incorporated by reference (the Amendment 1 Services).
2. For the purposes of the Amendment 1 Services, in Section 1.62, the reference to Exhibit A shall be deleted and replaced with Exhibit A-1.
3. For the purposes of the Amendment 1 Services, Section 1.63 is hereby deleted in its entirety, and replaced with the following:
Project Rates means the applicable rates at which Lonza will charge Proteon for the various Additional Services performed hereunder, if any, as agreed to by the Parties in a Change Order or amendment to the Agreement.
4. In Section 1.66, the reference to Exhibit D shall be deleted and replaced with Exhibit C.
* CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED.