0001104659-12-035927 Sample Contracts

COLLABORATION AND LICENSE AGREEMENT
Collaboration and License Agreement • May 10th, 2012 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • New York

This COLLABORATION AND LICENSE AGREEMENT (“Agreement”) is entered into on March 29, 2012 (the “Effective Date”) between OPTIMER PHARMACEUTICALS, INC., a company organized under the laws of the State of Delaware (“Optimer”), having a principal place of business at 10110 Sorrento Valley Rd., Suite C, San Diego, California 92121, and Astellas Pharma Inc., a company organized under the laws of Japan (“Partner”), having a principal place of business at 2-3-11 Nihonbashi-Honcho, Chuo-ku, Tokyo, 103-8411, Japan.

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January 31, 2012 Via Federal Express Emily Wang Supervisor 6F., No.306, Sec. 2, Bade Rd., Zhongshan Dist., Taipei City 104, Taiwan (R.O.C.)
Letter Agreement • May 10th, 2012 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations

Optimer Pharmaceuticals, Inc. (“Optimer”) and Optimer Biotechnology, Inc. (“OBI”) are parties to an Intellectual Property Assignment and License Agreement effective as of October 30, 2009 (the “Agreement”). This letter agreement (this “Letter Agreement”) confirms the mutual agreement of Optimer and OBI concerning the parties’ interest in entering into a license agreement pursuant to which OBI would license certain patents and know-how to Optimer concerning the compound(s) known as OPT-822/821. All capitalized terms, where not otherwise defined in this Letter Agreement, will have the meanings set forth in the Agreement.

SUPPLY AGREEMENT
Supply Agreement • May 10th, 2012 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS SUPPLY AGREEMENT (the “Agreement”) is entered into on March 29, 2012 (the “Effective Date”) between Optimer Luxembourg 2 S.à r.l., a company organized under the laws of Luxembourg (“Optimer”), having a principal place of business at 6C, rue Gabriel Lippmann, L-5365 Munsbach, Luxembourg, and Astellas Pharma Inc., a company organized under the laws of Japan (“Partner”), having a principal place of business at 2-3-11 Nihonbashi-Honcho, Chuo-ku, Tokyo, 103-8411, Japan.

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