0001104659-13-021766 Sample Contracts

March 1, 2013 Kurt Hartman
Optimer Pharmaceuticals Inc • March 18th, 2013 • Pharmaceutical preparations
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SUPPLEMENTAL AGREEMENT REGARDING INTELLECTUAL PROPERTY ASSIGNMENT AND LICENSE AGREEMENT
Supplemental Agreement Regarding Intellectual Property Assignment and License Agreement • March 18th, 2013 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations

This Supplemental Agreement Regarding Intellectual Property Assignment and License Agreement (the “Supplement”) is made and effective as of October 19, 2012 (the “Effective Date”) by and between Optimer Pharmaceuticals, Inc., a Delaware corporation (“Optimer”), and Optimer Biotechnology, Inc., a Taiwan corporation (“OBI”) to supplement, restate and/or amend, as applicable, that certain Intellectual Property Assignment and License Agreement dated October 30, 2009 between Optimer and OBI (the “Intellectual Property Agreement”). Except as otherwise expressly provided herein, capitalized terms used but not defined herein shall have their respective meanings set forth in the Intellectual Property Agreement.

December 11, 2012 Mr. Gregory Papaz Ringwood, NJ 07456 Re: Separation Agreement from Optimer Pharmaceuticals, Inc. Dear Greg:
Optimer Pharmaceuticals Inc • March 18th, 2013 • Pharmaceutical preparations

This letter sets forth the terms and conditions of the separation agreement (the “Agreement”) that OPTIMER PHARMACEUTICALS, INC. (the “Company”) is offering to aid in your employment transition. This Agreement shall be effective as of the Effective Date of this Agreement as defined in Section 12(d) herein. As part of this Agreement, and pursuant to and subject to the terms of the Company’s Amended and Restated Severance Benefit Plan (the “Severance Plan”), the Company is offering you certain severance benefits outlined below. All initially capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Severance Plan.

STOCK PURCHASE AGREEMENT by and among HUEI HONG INVESTMENT CO., LTD. CHANG CHUEN INVESTMENT CO., LTD. YI TAI INVESTMENT CO., LTD. YUAN HONG INVESTMENT CO., LTD. and OPTIMER PHARMACEUTICALS, INC. Dated as of October 5, 2012
Stock Purchase Agreement • March 18th, 2013 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • California

This STOCK PURCHASE AGREEMENT, dated as of October 5, 2012 (this “Agreement”), is made by and among certain buyers as set forth in Schedule 1 (each, a “Buyer” and collectively, the “Buyers” and Optimer Pharmaceuticals, Inc. (the “Seller”).

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