ORCHID BIOSCIENCES, INC. HAS REQUESTED THAT THE MARKED PORTIONS OF THIS DOCUMENT BE
ACCORDED 406 CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS
[*] CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION. ASTERISKS DENOTE SUCH OMISSIONS.
AMENDMENT NO. 1 TO SETTLEMENT AGREEMENT
This Amendment No. 1 to Settlement Agreement (this “Amendment”) is entered into as of October 1, 2003 (the
“amendment Effective Date”) by and between Orchid BioSciences, Inc., a Delaware corporation having its principal office at
4390 U.S. Route 1 North, Princeton, NJ 08540 (“ORCHID), and Saint Louis University, a non-profit organization organized and
existing under the laws of the State of Missouri (“SLU”). Capitalized terms used and not otherwise defined herein shall have the
respective meanings ascribed to them in the Settlement Agreement by and between Orchid and SLU dated as of August 6, 2002
WHEREAS, the parties hereto desire to amend the Agreement as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the
parties hereto hereby agree as follows:
1.1 Section 1 and Sections 2.1.2 through 2.1.5 of the Agreement are hereby deleted in their entirety.
1.2 Section 2.1. of the Agreement is hereby deleted in its entirely and replaced with the following:
“In consideration of the grant of the license and other rights set forth in Section 7.2 of this Agreement, as well as
other good and valuable consideration:
2.1.1 ORCHID will pay SLU Nine Hundred Thirty Thousand Five Hundred Eighteen and 19/100 Dollars ($930,518.19)
according to the following schedule:
(a) Orchid shall on October 1, 2003, pay One Hundred Fifty Five Thousand Eighty Six and 36/100 Dollars
(b) beginning on October 30, 2003 and then following on the thirtieth day of