EXHIBIT 10.34
AMENDMENT AGREEMENT
between
SmithKline Beecham Corporation
and
NPS Pharmaceuticals, Inc.
dated November 26, 1997
26 November 1997
NPS Pharmaceuticals, Inc.
420 Chipeta Way
Salt Lake City, Utah 84108
RE: Amendment Agreement to Supercede the October 26, 1997 Amendment Agreement
Dear Sirs:
This Amendment Agreement to Supercede the October 26, 1997 Amendment
Agreement (hereinafter "November 26, 1997 Amendment Agreement") will confirm
that the Letter Agreement dated October 28, 1996 between NPS Pharmaceuticals,
Inc., a corporation of the state of Delaware, having a place of business at 420
Chipeta Way, Salt Lake City, Utah 84108, U.S.A. (herein referred to as "NPS")
and SmithKline Beecham Corporation, a corporation of the Commonwealth of
Pennsylvania, having a place of business at One Franklin Plaza, Philadelphia,
Pennsylvania 19101, U.S.A. (hereinafter referred to as "SB") shall be amended,
effective as of the date of NPS' signature below, as follows:
. In Paragraph 2.01, delete the words "four (4) years" and replace them with
the words "fifty (50) months".
. This November 26, 1997 Amendment Agreement shall be retroactively effective
as of November 1, 1997, and shall supersede the October 26, 1997 Amendment
Agreement in its entirety.
. All other terms and conditions of the Letter Agreement shall remain in full
force and effect.
Please indicate your acceptance of this November 26, 1997 Amendment
Agreement by signing and dating the duplicate copies of this letter below and
returning one such fully executed copy to SB.
Very truly yours,
SMITHKLINE BEECHAM CORPORATION
By: /k/ Donald F. Parman
-------------------------------------
Donald F. Parman
Title: Secretary
Date: November 26, 1997
AGREED TO AND ACCEPTED:
NPS PHARMACEUTICALS, INC.
By: /k/ Doug Reed
----------------------
Title: Vice President
-------------------
Date: November 26, 1997
--------------------