Commercial Supply Agreement Sample Contracts

Spark Therapeutics, Inc. – Dedicated Manufacturing and Commercial Supply Agreement (November 6th, 2018)

This DEDICATED MANUFACTURING AND COMMERCIAL SUPPLY AGREEMENT (this "Agreement"), effective as of this 3rd day of August, 2018 (the "Effective Date"), between, Spark Therapeutics, Inc., a Delaware corporation with an office at 3737 Market Street, Suite 1300, Philadelphia, PA 19104 ("Customer"), and Brammer Bio MA, LLC, a Delaware limited liability company with offices at 250 Binney Street, Cambridge, MA 02142 ("Brammer"). Customer and Brammer are referred to herein each as a "Party" and collectively as the "Parties."

Commercial Supply Agreement (August 3rd, 2018)

This Commercial Supply Agreement (this "Agreement"), effective as of the 4th day of June, 2018 (the "Effective Date"), is entered into by and between:

Xeris Pharmaceuticals Inc – Commercial Supply Agreement (June 14th, 2018)

This Commercial Supply Agreement (Agreement) is made and entered into as of May 14, 2018 (Effective Date) by and between PYRAMID Laboratories Inc. (PYRAMID), a California Corporation, having its principal place of business at 3598 Cadillac Avenue, Costa Mesa, California 92626 and Xeris Pharmaceuticals, Inc. (Client), a Delaware corporation, having its principal place of business at 180 N. LaSalle Street, Suite 1800, Chicago, Illinois, 60601, collectively the Parties and individually a Party.

Trevena Inc – Master Commercial Supply Agreement (June 14th, 2018)

THIS MASTER COMMERCIAL SUPPLY AGREEMENT (the Agreement) is made and entered into this 20th day of October, 2017 (the Effective Date), by and between Alcami Corporation, having a place of business at 2320 Scientific Park Drive, Wilmington, NC 28405 (including its wholly-owned subsidiaries, collectively, Company), and Trevena, Inc., having a place of business at 955 Chesterbrook Blvd, Suite 200, Chesterbrook, PA 19087 (Client). Company and Client, as used herein, may be referred to, collectively, as Parties and individually as a Party.

Xeris Pharmaceuticals Inc – Commercial Supply Agreement (May 24th, 2018)

This Commercial Supply Agreement (Agreement) is made and entered into as of May 14, 2018 (Effective Date) by and between PYRAMID Laboratories Inc. (PYRAMID), a California Corporation, having its principal place of business at 3598 Cadillac Avenue, Costa Mesa, California 92626 and Xeris Pharmaceuticals, Inc. (Client), a Delaware corporation, having its principal place of business at 180 N. LaSalle Street, Suite 1800, Chicago, Illinois, 60601, collectively the Parties and individually a Party.

Radius Health, Inc. – Scale-Up and Commercial Supply Agreement by and Among (May 10th, 2018)

THIS SCALE-UP AND COMMERCIAL SUPPLY AGREEMENT (this "Agreement"), effective as of February 27, 2018 ("Effective Date") is by and among 3M COMPANY, a Delaware company, acting through its Drug Delivery Systems Division, having a principal place of business at 3M Center, St. Paul, Minnesota 55144 ("3M COMPANY") and 3M INNOVATIVE PROPERTIES COMPANY, a Delaware Company, having a principal place of business at 3M Center, St. Paul Minnesota 55144 ("3M IPC"), (3M COMPANY and 3M IPC collectively "3M"), on the one hand, and Radius Health, Inc., a Delaware company having a principal place of business at 950 Winter Street, Waltham MA 02451 ("RADIUS"), on the other hand. 3M and RADIUS shall be referred to individually as a "Party" and collectively as "Parties" in this Agreement.

Kala Pharmaceuticals, Inc. – Confidential Materials Omitted and Filed Separately With the Securities and Exchange Commission. Double Asterisks Denote Omissions. FIRST AMENDMENT TO THE COMMERCIAL SUPPLY AGREEMENT (April 2nd, 2018)

This First Amendment to Commercial Supply Agreement (the "First Amendment") is made as of February 16, 2018 ("First Amendment Effective Date") by and between Kala Pharmaceutical Inc. a Delaware corporation with offices located at 100 Beaver Street, #201, Waltham, Massachusetts 202453 USA ("Client") and Catalent Pharma Solutions, LLC, a Delaware corporation with offices located at 14 Schoolhouse Road, Somerset, New Jersey 08873 ("Catalent"). Each of Client and Catalent may be referred to as a Party, and collectively as the Parties.

Trevena Inc – Master Commercial Supply Agreement (March 7th, 2018)

THIS MASTER COMMERCIAL SUPPLY AGREEMENT (the "Agreement") is made and entered into this 20th day of October, 2017 (the "Effective Date"), by and between Alcami Corporation, having a place of business at 2320 Scientific Park Drive, Wilmington, NC 28405 (including its wholly-owned subsidiaries, collectively, "Company"), and Trevena, Inc., having a place of business at 955 Chesterbrook Blvd, Suite 200, Chesterbrook, PA 19087 ("Client"). Company and Client, as used herein, may be referred to, collectively, as "Parties" and individually as a "Party".

Commercial Supply Agreement (February 27th, 2018)

This Commercial Supply Agreement is made as of this 22nd day of February, 2018 (the "Effective Date"), by and between ACADIA Pharmaceuticals Inc., a Delaware corporation, with a place of business at 3611 Valley Centre Drive, Suite 300, San Diego, California 92130 ("Client"), and Catalent Pharma Solutions, LLC, a Delaware limited liability company, having a place of business at 14 Schoolhouse Road, Somerset, New Jersey 08873, USA ("Catalent").

Adamas Pharmaceuticals Inc – Amended and Restated Commercial Supply Agreement (November 2nd, 2017)

This Amended and Restated Commercial Supply Agreement ("Amended and Restated Agreement") is effective as of February 16, 2017 ("Restatement Effective Date"), by and between Adamas Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 1900 Powell St., Suite 750, Emeryville, CA 94608 ("Client"), and Catalent Pharma Solutions, LLC, a Delaware limited liability company, with a place of business at 14 Schoolhouse Road, Somerset, New Jersey 08873, USA ("Catalent").

Commercial Supply Agreement (November 1st, 2017)

This Commercial Supply Agreement (the "Agreement") is entered into as of the 16th day of October, 2017 ("Effective Date") by and between Tetraphase Pharmaceuticals, Inc., a Delaware corporation, with a place of business located at 480 Arsenal Way, Watertown, Massachusetts 02472 ("Tetraphase"), and Finorga SAS, a French corporation, with a place of business located at 497 Route de Givors, 38670 Chasse-sur-Rhone, France ("Novasep") (hereinafter, each of Tetraphase and Novasep, a "Party" and, collectively, the "Parties");

Commercial Supply Agreement (August 1st, 2017)

This Commercial Supply Agreement ("Agreement") is made as of this 6th day of June, 2016 ("Effective Date"), by and between Lexicon Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 8800 Technology Forest Place, The Woodlands, TX 77381 ("Client"), and Catalent CTS, LLC, a Delaware limited liability company, with a place of business at 10245 Hickman Mills Drive, Kansas City, MO 64137, USA ("Catalent").

Kala Pharmaceuticals, Inc. – Confidential Materials Omitted and Filed Separately With the Securities and Exchange Commission. Double Asterisks Denote Omissions. COMMERCIAL SUPPLY AGREEMENT (Dry Eve Product and Surgical Product in Multi-Dose Bottles) (June 23rd, 2017)

This Commercial Supply Agreement (Agreement) is made as of this 27th day of June, 2016 (Effective Date), by and between Kala Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 100 Beaver St., #201, Waltham, Massachusetts 02453, USA (Client), and Catalent Pharma Solutions, LLC, a Delaware limited liability company, with a place of business at 14 Schoolhouse Road, Somerset, New Jersey 08873, USA (Catalent).

Kala Pharmaceuticals, Inc. – Confidential Materials Omitted and Filed Separately With the Securities and Exchange Commission. Double Asterisks Denote Omissions. COMMERCIAL SUPPLY AGREEMENT (Dry Eve Product and Surgical Product in Multi-Dose Bottles) (June 2nd, 2017)

This Commercial Supply Agreement (Agreement) is made as of this 27th day of June, 2016 (Effective Date), by and between Kala Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 100 Beaver St., #201, Waltham, Massachusetts 02453, USA (Client), and Catalent Pharma Solutions, LLC, a Delaware limited liability company, with a place of business at 14 Schoolhouse Road, Somerset, New Jersey 08873, USA (Catalent).

Commercial Supply Agreement (May 26th, 2017)

This Commercial Supply Agreement (this Agreement) is entered into as of October 16, 2008, (the Effective Date) by and between Enzon Pharmaceuticals, Inc., a Delaware corporation with an address of 685 Route 202-206, Bridgewater, New Jersey 08807 (Enzon), and Savient Pharmaceuticals, Inc., a Delaware corporation, having its principal place of business at One Tower Center, 14th Floor, East Brunswick, New Jersey 08816 (Savient). Enzon and Savient may be referred to individually as a Party or collectively as Parties.

Commercial Supply Agreement (May 26th, 2017)

This Commercial Supply Agreement (the Agreement) is made and entered into as of the 20th day of March 2007, (hereinafter the Effective Date), by and between Savient Pharmaceuticals, Inc., a public company organized under the laws of the State of Delaware having its principal place of business at One Tower Center, 14th Floor, East Brunswick, New Jersey 08816, USA (Savient), and Bio-Technology General (Israel) Ltd., a private company organized under the laws of the State of Israel having its principal place of business at Beer Tuvia Industrial Zone, POB 571, Kiryat Malachi 83104, Israel (BTG) (hereinafter, each of Savient and BTG a Party and, collectively, the Parties).

Tesaro – Commercial Supply Agreement (May 9th, 2017)

This COMMERCIAL SUPPLY AGREEMENT is entered into as of the 15th day of December, 2016 (the "Effective Date"), by and between Corden Pharma Colorado, Inc., having a principal place of business at 2075 55th Street, Boulder, CO 80301 USA ("Supplier"), and TESARO Bio GmbH, having a principal place of business at Poststrasse 6, 6300 Zug, Switzerland (together with its Affiliates, "TESARO"). Each of Supplier and TESARO may be referred to in this Agreement, individually, as a "Party" and, collectively, as the "Parties".

Commercial Supply Agreement (May 4th, 2017)

This Commercial Supply Agreement ("Agreement") is made as of this 6th day of June, 2016 ("Effective Date"), by and between Lexicon Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 8800 Technology Forest Place, The Woodlands, TX 77381 ("Client"), and Catalent CTS, LLC, a Delaware limited liability company, with a place of business at 10245 Hickman Mills Drive, Kansas City, MO 64137, USA ("Catalent").

License and Commercial Supply Agreement (February 28th, 2017)

THIS LICENSE AND COMMERCIAL SUPPLY AGREEMENT ("Agreement") is made and entered into effective this October 11, 2016 ("Effective Date") by and between Mallinckrodt LLC, a Delaware limited liability company (for and on behalf of its affiliated entities) ("Mallinckrodt") and Intellipharmaceutics Corp., a company organized under the laws of Canada (for and on behalf of its affiliated entities) ("Intellipharmaceutics").

Execution Copy Commercial Supply Agreement (February 10th, 2017)

This COMMERCIAL SUPPLY AGREEMENT (Agreement), dated as of 24 April 2015 (Effective Date), is made between PARI Pharma GmbH, a German corporation, with a principal place of business at Moosstrasse 3, D-82319 Starnberg, Germany (PARI), and Serendex, Pharmaceuticals A/S, Slotsmarken 17, 2.tv., DK-2970 Horsholm, Denmark (Serendex). PARI and Serendex are sometimes referred to herein individually as a Party and collectively as the Parties.

A.P. Pharma, Inc. – Pursuant to 17 CFR 20.24b-2, Confidential Information Has Been Omitted in Places Marked *** and Has Been Filed Separately With the Securities and Exchange Commission Pursuant to a Confidential Treatment Application With the Commission. COMMERCIAL SUPPLY AGREEMENT EXCIPIENT (December 23rd, 2016)

This Commercial Supply Agreement (this Agreement), effective as of the 8th day of December, 2015 (the Effective Date), is entered into by and between:

Vivus, Inc. – Commercial Supply Agreement (November 9th, 2016)

THIS COMMERCIAL SUPPLY AGREEMENT (this "Agreement") is dated as of September 30, 2016, by and between VIVUS, Inc., a Delaware corporation with its principal place of business at 351 E. Evelyn Avenue, Mountain View, CA 94041 ("VIVUS"), and Metuchen Pharmaceuticals LLC, a limited liability company organized under the laws of Delaware, having its principal place of business at 11 Commerce Drive, 1st Floor, Cranford, New Jersey 07016 ("Purchaser"). VIVUS and Purchaser are sometimes referred to herein individually as a "Party" and collectively as the "Parties."

Fifth Amendment to Commercial Supply Agreement (November 7th, 2016)

THIS FIFTH AMENDMENT TO THE AGREEMENT ("Fifth Amendment") is entered into effective as of this 31st day of August 2016 ("Fifth Amendment Effective Date") by and between Horizon Pharma Ireland Limited ("HPIL"), an Irish company, and Bio-Technology General (Israel) Ltd., an Israeli company ("BTG" and together collectively with HPIL, "Parties", and each individually a "Party").

Palatin Technologies, Inc. – COMMERCIAL SUPPLY AGREEMENT (Bremelanotide--Pre-Filled Syringe in Auto- Injector) (September 19th, 2016)
Cynapsus Therapeutics Inc. – Commercial Supply Agreement (August 15th, 2016)

THIS COMMERCIAL SUPPLY AGREEMENT (the "Agreement") is made as of August 9, 2016 by and between CYNAPSUS THERAPEUTICS INC., a corporation incorporated under the laws of Canada (hereinafter referred to as "Cynapsus"), and ARx, LLC, a corporation incorporated under the laws of Pennsylvania (hereinafter referred to as "ARx").

Commercial Supply Agreement (August 8th, 2016)

This Commercial Supply Agreement (this Agreement) is entered into as of October 16, 2008, (the Effective Date) by and between Enzon Pharmaceuticals, Inc., a Delaware corporation with an address of 685 Route 202-206, Bridgewater, New Jersey 08807 (Enzon), and Savient Pharmaceuticals, Inc., a Delaware corporation, having its principal place of business at One Tower Center, 14th Floor, East Brunswick, New Jersey 08816 (Savient). Enzon and Savient may be referred to individually as a Party or collectively as Parties.

Commercial Supply Agreement (August 8th, 2016)

This Commercial Supply Agreement (the Agreement) is made and entered into as of the 20th day of March 2007, (hereinafter the Effective Date), by and between Savient Pharmaceuticals, Inc., a public company organized under the laws of the State of Delaware having its principal place of business at One Tower Center, 14th Floor, East Brunswick, New Jersey 08816, USA (Savient), and Bio-Technology General (Israel) Ltd., a private company organized under the laws of the State of Israel having its principal place of business at Beer Tuvia Industrial Zone, POB 571, Kiryat Malachi 83104, Israel (BTG) (hereinafter, each of Savient and BTG a Party and, collectively, the Parties).

Aptevo Therapeutics Inc. – Settlement & Amendment Concerning a Manufacturing Agreement Dated December 2, 2005 and a Commercial Supply Agreement Dated June 20, 2011 (May 31st, 2016)
Wright Medical Group N.V. – Commercial Supply Agreement (April 7th, 2016)

This Commercial Supply Agreement dated March 29, 2016 (this "Agreement") between BioMimetic Therapeutics, LLC ("Sponsor"), a Delaware limited liability company, with offices 389 Nichol Mill Lane, Franklin, TN 37067 and FUJIFILM Diosynth Biotechnologies U.S.A., Inc., a Delaware corporation ("Fujifilm"), having its principal place of business at 101 J. Morris Commons Lane, Morrisville, NC 27560, (each a "Party", collectively, the "Parties").

Commercial Supply Agreement (February 29th, 2016)

This Commercial Supply Agreement (the Agreement) is made and entered into as of the 20th day of March 2007, (hereinafter the Effective Date), by and between Savient Pharmaceuticals, Inc., a public company organized under the laws of the State of Delaware having its principal place of business at One Tower Center, 14th Floor, East Brunswick, New Jersey 08816, USA (Savient), and Bio-Technology General (Israel) Ltd., a private company organized under the laws of the State of Israel having its principal place of business at Beer Tuvia Industrial Zone, POB 571, Kiryat Malachi 83104, Israel (BTG) (hereinafter, each of Savient and BTG a Party and, collectively, the Parties).

Commercial Supply Agreement (February 29th, 2016)

This Commercial Supply Agreement (this Agreement) is entered into as of October 16, 2008, (the Effective Date) by and between Enzon Pharmaceuticals, Inc., a Delaware corporation with an address of 685 Route 202-206, Bridgewater, New Jersey 08807 (Enzon), and Savient Pharmaceuticals, Inc., a Delaware corporation, having its principal place of business at One Tower Center, 14th Floor, East Brunswick, New Jersey 08816 (Savient). Enzon and Savient may be referred to individually as a Party or collectively as Parties.

A.P. Pharma, Inc. – Pursuant to 17 CFR 20.24b-2, Confidential Information Has Been Omitted in Places Marked *** and Has Been Filed Separately With the Securities and Exchange Commission Pursuant to a Confidential Treatment Application With the Commission. COMMERCIAL SUPPLY AGREEMENT EXCIPIENT (February 19th, 2016)

This Commercial Supply Agreement (this Agreement), effective as of the 8th day of December, 2015 (the Effective Date), is entered into by and between:

Omeros Corp. – First Amendment to Commercial Supply Agreement (November 9th, 2015)

This First Amendment ("Amendment") to the Commercial Supply Agreement is made effective as of this 1st day of August, 2015 ("Amendment Effective Date"), by and between Omeros Corporation ("Omeros") and Hospira Worldwide, Inc. ("Hospira"). Each of Hospira and Omeros is referred to herein individually as a "Party" and together as the "Parties."

Commercial Supply Agreement (September 8th, 2015)

This COMMERCIAL SUPPLY AGREEMENT (Agreement), dated as of August 20, 2015 (Effective Date), is made between PARI PHARMA GMBH, a German corporation, with a principal place of business at Moosstrasse 3, D-82319 Starnberg, Germany (PARI), and RAPTOR PHARMACEUTICALS, INC., a Delaware corporation, with a place of business at 7 Hamilton Landing, Suite 100, Novato, CA 94949 (RAPTOR). PARI and RAPTOR are sometimes referred to herein individually as a Party and collectively as the Parties.

Aclaris Therapeutics, Inc. – Clinical and Commercial Supply Agreement (August 17th, 2015)

THIS CLINICAL AND COMMERCIAL SUPPLY AGREEMENT (this Agreement), effective as of August 6, 2014 (Effective Date), by and between PeroxyChem, a Delaware corporation, with a principal place of business at 1735 Market Street, Philadelphia, Pennsylvania 19103 (PeroxyChem) and Aclaris Therapeutics, Inc., a Delaware corporation, with a principal place of business at 101 Lindenwood Drive, Suite 400, Malvern, Pennsylvania 19355 (Aclaris).