AMENDMENT NO. 2 TO
DEVELOPMENT AND COMMERCIALIZATION AGREEMENT
This Amendment No. 2 to Development and Commercialization Agreement (“Amendment”) is dated as of December 5, 2025 (“Effective Date”), by and between Beta Bionics, Inc. (“Beta”) and Abbott Diabetes Care Inc. (“ADC”). Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to such terms in the Agreement.
WHEREAS, Beta and ADC are parties to that certain Development and Commercialization Agreement dated as of April 2, 2024, as amended by Amendment No. 1 (the “Agreement”); and
WHEREAS, Beta and ADC wish to amend the Agreement to, among other things, include additional terms regarding feasibility assessment for the Dual Glucose Ketone (DGK) Sensor.
NOW, THEREFORE, in consideration of these premises, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows.
1. Amendments to Agreement. The Parties hereby agree to amend the Agreement as follows:
(a)DGK. All references in the Agreement to “GKS” are hereby replaced with “DGK”.
(b)The following definitions are hereby added to Article I of the Agreement:
(i)“Second Amendment” means the second amendment to this Agreement entered into as of the Second Amendment Effective Date.
(ii)“Second Amendment Effective Date” means December 5, 2025.
(c)Confidential Information; ADC Highly Confidential Information; DGK Documentation.
(i)The definition set forth in Section 1.35 (Confidential Information) is hereby amended to add “the DGK Sensors (including any associated branding),” after “Confidential Information of ADC includes”.
(ii)The definition set forth in Section 1.3 (ADC Highly Confidential Information) is hereby amended to add “or DGK Sensors including any associated branding (excluding test sensors to the extent expressly designated in writing by ADC as not being ADC Highly Confidential Information)” after “DGK Technology”.
(iii)The definition of “DGK Documentation” is hereby amended to add “and user manuals” after “the specifications”.
(a)No Other Amendments. Except as modified herein, all other terms of the Agreement shall remain in full force and effect.
(b)Conflicts. In the event of a conflict between the terms of the Agreement and this Amendment, the terms of this Amendment shall govern.