EX-10.3 8 d775834dex103.htm EX-10.3 EX-10.3

Exhibit 10.3

 

Confidential   LOGO

AMENDMENT No. 2

TO

the AGREEMENT

dated 21 December 2012

between

LONZA SALES AG

and

NEXVET BIOPHARMA PTY LTD

Schedule 2

Stage 1B - ***

Schedule 3

Price and Payment

*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.


Confidential   LOGO

 

THIS AMENDMENT is made the 17th day of June 2013

BETWEEN

 

1. LONZA SALES AG, of Muenchensteinerstrasse 38, Ch-4002 Basel, Switzerland (“Lonza”) and

 

2. NEXVET BIOPHARMA PTY LTD, of 9 Meaden Street, Southbank, 3006, Victoria, Australia (“Customer”).

WHEREAS

 

A. Customer and Lonza entered into an agreement dated 21 December 2012 referring to NV-01, (the “Agreement”), under which Lonza is required to perform Services relating to the Cell line and Product described.

 

B. Customer would like Lonza to carry out additional activities under the Agreement.

 

C. Lonza is prepared to perform the additional activities.

NOW THEREFORE it is agreed hereby by the parties to amend the Agreement and perform additional services as follows:


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1. Schedule 2 of the Agreement shall be amended to delete the original optional Stage 1B and replace it with the following Stage.

SCHEDULE 2

***

*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.


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2. Schedule 3 of the Agreement shall be amended by the addition of the following provisions in respect of the additional Stages contained in this Amendment No. 2:

SCHEDULE 3

PRICE AND TERMS OF PAYMENT

 

1. Price

In consideration for Lonza performing the Services as detailed in Schedule 2 Customer shall pay Lonza as follows:

 

Stage

   Price (UK £ Sterling)
Stage 1B - ***    £*** (1,2)

Notes:

 

  (1) As described in Clause 4 - “Delivery, Transportation of Product and Customer Tests” of the Agreement, additional costs and expenses incurred by Lonza in arranging insurance and transportation in order to ship samples, Product, and Cell Line shall be charged to Customer in addition to the price.
  (2) Price for replacement Stage 1B is unchanged from original optional Stage 1B. The additional scope contained within the replacement Stage 1B shall be absorbed by Lonza as agreed at the Joint Steering Committee meeting on 20th May 2013.

 

2. Payment

Payment by Customer of the Price for each Stage shall be made against Lonza’s invoices as follows:

 

  2.1 For Stage 1B

***% upon commencement.

***% upon completion.

*** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.


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3. Save as herein provided all other terms and conditions of the Agreement shall remain in full force and effect.

AS WITNESS WHEREOF the parties have caused this Amendment No. 2 to be executed by their representatives thereunto duly authorised as of the day and year first written.

 

NEXVET BIOPHARMA PTY LTD    LONZA SALES AG
Signature: /s/ Mark Heffernan    Signature: /s/ Janet White
Printed Name: Mark Heffernan    Printed Name: Janet White
Title: CEO    Title:
Signature:    Signature: /s/ Oliv Brunner
Printed Name:    Printed Name: Oliv Brunner
Title:    Title: Legal Counsel