Exhibit 10.36
First Amendment
to the Design/Build Agreement between AES Clean Technology and Dendreon Corporation
THIS FIRST AMENDMENT (this " First Amendment" ) dated as of February 16, 2006, is entered into by and between Dendreon Corporation, having an office at 3005 First Avenue, Seattle, WA, 98121 (" Owner" ) and AES Clean Technology, Inc., having an office at 422 Stump Road, Montgomeryville, PA, 18936 (" Design/Builder" )
WHEREAS, Design/Builder and Owner entered into a Design/Build Agreement dated November 4, 2005 (the " Agreement" ); and
WHEREAS, Owner and Design/Builder desire to revise the scope of the Work, as defined in the Agreement, as set forth below (" Services" ); and
WHEREAS, Owner desires to amend the pricing structure and other provisions of the Agreement, as set forth below;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:
1. Scope of the Services .
The first sentence of Section 1.1 of the Agreement is hereby replaced with the following sentence:
Design/Builder shall perform and complete, or cause to be performed and completed, the design and construction of all work required for the Project, consistent with the Redesign Meeting Notes from January 5-6, 2006 and with the layout depicted in the Perkins + Will drawing identified as 06.01.16, attached hereto as Exhibit A, and as set forth below:
The scope of work is revised to reduce the size of the New Jersey manufacturing facility from a 48 workstation facility to a 12 workstation facility with appropriate laboratory and support areas. The goal of the facility remains the launch of Provenge and it will also be used for clinical manufacturing of Provenge.
AES' scope of work includes all elements of the Work necessary to for the desig ...
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