Commercial Supply Agreement Sample Contracts

COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • September 16th, 2009 • Omeros Corp • Pharmaceutical preparations • Delaware

This Commercial Supply Agreement (this “Agreement”) is made as of the 9th day of October, 2007 (the “Effective Date”) by and between Omeros Corporation, a Washington corporation, having its principal offices at 1420 Fifth Avenue, Suite 2600, Seattle, Washington 98101 (“Omeros”), and Hospira Worldwide Inc., a Delaware corporation, having its principal offices at 275 North Field Drive, Lake Forest, Illinois 60045 (“Hospira”). Omeros and Hospira previously entered into a Master Development Agreement, dated May 8, 2007 (the “Development Agreement”), pertaining to the development of Omeros’ pharmaceutical drug product OMS103HP-S. Omeros and Hospira now desire to enter into an agreement for the commercial supply of OMS103HP-S by Hospira to Omeros. Therefore, in consideration of the mutual covenants and obligations set forth below, Omeros and Hospira (the “Parties” and each a “Party”) agree as follows:

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COMMERCIAL SUPPLY AGREEMENT 27 FEBRUARY 2004
Commercial Supply Agreement • May 7th, 2004 • Ligand Pharmaceuticals Inc • Pharmaceutical preparations • New York
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Contract
Commercial Supply Agreement • November 16th, 2020 • Palatin Technologies Inc • Pharmaceutical preparations • New Jersey

Portions of this Exhibit have been redacted because they are both (i) not material and (ii) would be competitively harmful if publicly disclosed. Information that was omitted has been noted in this document with a placeholder identified by the mark “[***]”

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • September 10th, 2014 • Lifevantage Corp • Pharmaceutical preparations • Utah

THIS COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is made as of May 30, 2014 (the “Effective Date”) by and between LifeVantage Corporation, a Utah corporation having a place of business at 9785 South Monroe Street, Suite 300, Sandy, Utah 84070 (“Company”) and Wasatch Product Development, LLC, a Utah corporation having a place of business at 12248 S. Lone Peak Parkway, Suite 106, Draper, Utah 84020 (“Manufacturer”). Each of Company and Manufacturer is referred to as a “Party” and, collectively, “the Parties”.

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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)
Commercial Supply Agreement • June 23rd, 2017 • Kala Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

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”).

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • August 1st, 2017 • Lexicon Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware

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”).

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • December 21st, 2018 • Amag Pharmaceuticals Inc. • Pharmaceutical preparations

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

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • November 10th, 2020 • Phathom Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

This Commercial Supply Agreement (this “Agreement”) is made effective as of April 30, 2020 (the “Effective Date”) by and between Takeda Pharmaceutical Company Limited, a company incorporated under the laws of Japan having its principal place of business at 1-1, Doshomachi 4-chome, Chuo-ku, Osaka 540-8645, Japan (“Takeda”) and Phathom Pharmaceuticals, Inc., a company incorporated under the laws of Delaware having its principal place of business at 2150 E. Lake Cook Road, Suite 800, Buffalo Grove, Illinois 60089, U.S.A. (“Company”). Takeda and Company are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

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COMMERCIAL SUPPLY AGREEMENT FOR GAS AND ELECTRICITY (“AGREEMENTS”)
Commercial Supply Agreement • December 27th, 2023 • New York
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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 24th, 2021 • Horizon Therapeutics Public LTD Co • Pharmaceutical preparations • New Jersey

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.”

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Commercial Supply Agreement
Commercial Supply Agreement • June 14th, 2018 • Xeris Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

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”.

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • March 10th, 2005 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Commercial Supply Agreement (this “Agreement”) is entered into and effective this 14th day of February, 2005 (the “Effective Date”) by and between Baxter Pharmaceutical Solutions LLC (“BAXTER”), a Delaware limited liability company having a place of business at 927 South Curry Pike, Bloomington, Indiana 47403, and Amylin Pharmaceuticals, Inc. (“AMYLIN”), a Delaware corporation having a principal place of business at 9360 Towne Centre Drive, Suite 110, San Diego, California 92121.

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • May 18th, 2023 • Alimera Sciences Inc • Pharmaceutical preparations

This COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is made as of May 17, 2023 (the “Effective Date”), by and between EyePoint Pharmaceuticals, Inc., a Delaware corporation with its principal place of business at 480 Pleasant Street, Suite C-400, Watertown, MA 02472 (“EyePoint”), and Alimera Sciences, Inc., a Delaware corporation with its principal place of business at 6310 Town Square, Suite 400, Alpharetta, GA 30005 (“Alimera”) (collectively, the “Parties” and each, a “Party”). Capitalized terms used, but not otherwise defined, in this Agreement have the meanings assigned to them in the Product Rights Agreement (as defined below).

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THIRD AMENDMENT TO COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 7th, 2014 • Ironwood Pharmaceuticals Inc • Pharmaceutical preparations

This Third Amendment to Commercial Supply Agreement (this “Amendment”) is entered into this 26th day of November, 2013 (the “Effective Date”) by and between Corden Pharma Colorado, Inc. (“CPC”), a Delaware corporation and successor in interest to Roche Colorado Corporation, with principal offices at 2075 N. 55th Street, Boulder, Colorado 80301-2803, Ironwood Pharmaceuticals, Inc., with principal offices at 301 Binney Street, Cambridge, MA 02142, and Forest Laboratories, Inc., with principal offices at 909 Third Avenue, New York, NY 10022.

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FIRST AMENDMENT TO COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • November 9th, 2021 • Mannkind Corp • Pharmaceutical preparations

This amendment is effective the last date signed by a party, between MannKind Corporation, a Delaware corporation (“MannKind”), having a principal place of business at 30930 Russell Ranch Road, Suite 301, Westlake Village, California 91362, and United Therapeutics Corporation, a Delaware corporation (“United Therapeutics”), having a principal place of business at 1040 Spring Street, Silver Spring, Maryland 20910.

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Commercial Supply Agreement for Pramlintide
Commercial Supply Agreement • August 8th, 2005 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • California

This Agreement, effective as of June 21, 2005, is made by and among Amylin Pharmaceuticals, Inc. (“Amylin”) having a principal place of business at 9360 Towne Centre Drive, San Diego, CA 92121, and Bachem, Inc., a California corporation (“Bachem”), having a principal place of business at 3132 Kashiwa Street, Torrance, CA 90505. References to any of Amylin or Bachem includes reference to their respective Affiliates.

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SECOND AMENDMENT TO COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 23rd, 2023 • Mannkind Corp • Pharmaceutical preparations

This amendment is effective the last date signed by a party, between MannKind Corporation, a Delaware corporation (“MannKind”), having a principal place of business at One Casper Street, Danbury, Connecticut 06810, and United Therapeutics Corporation, a Delaware public benefit corporation (“United Therapeutics”), having a principal place of business at 1040 Spring Street, Silver Spring, Maryland 20910.

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • August 5th, 2021 • Revance Therapeutics, Inc. • Pharmaceutical preparations • New York

This Commercial Supply Agreement (the “Agreement” or “Supply Agreement”) is entered into as of the last date of signature below (the “Effective Date”) by and between Revance Therapeutics, Inc., a corporation organized and existing under the laws of Delaware, having a place of business at 7555 Gateway Boulevard, Newark, CA 94560 (“Company”) and Lyophilization Services of New England, Inc., a corporation organized and existing under the laws of New Hampshire, having its principal place of business at 23 Commerce Drive, Bedford, NH 03110 (“Supplier”). Company and Supplier are referred to individually as a “Party” and collectively as the “Parties.”

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 28th, 2014 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is entered into and effective as of October 10, 2013 (the “Effective Date”) 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 Auxilium Pharmaceuticals, Inc., a Delaware corporation having its principal place of business at 640 Lee Road, Chesterbrook, PA 19087 (“Purchaser”). VIVUS and Purchaser are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

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SECOND AMENDMENT TO THE COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 22nd, 2012 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Second Amendment to the Commercial Supply Agreement dated February 14, 2005 (this “Second Amendment”), is effective as of January 1, 2012 (the “Second Amendment Effective Date”) by and between Baxter Pharmaceutical Solutions LLC (“BAXTER”), a Delaware limited liability company having a place of business at 927 S. Curry Pike, Bloomington, IN 47403 and Amylin Pharmaceuticals, Inc., (“AMYLIN”) a Delaware corporation having its principal place of business at 9360 Towne Centre Drive, San Diego, California 92121.

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • March 10th, 2005 • Advancis Pharmaceutical Corp • Pharmaceutical preparations • New York

THIS COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is made as of December 3, 2004 (the “Effective Date”), by and between ADVANCIS PHARMACEUTICAL CORPORATION, a Delaware corporation (“Advancis”), and CEPH INTERNATIONAL CORPORATION, a Commonwealth of Puerto Rico corporation (“CEPH”).

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EXECUTION COPY COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 10th, 2017 • Mast Therapeutics, Inc. • Pharmaceutical preparations

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.”

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AMENDMENT NO. 2
Commercial Supply Agreement • July 27th, 2015 • Amag Pharmaceuticals Inc. • Pharmaceutical preparations

This Amendment No. 2 (“Amendment”), effective as of March 31, 2015 (the “Effective Date”), entered into by and between (i) AMAG Pharmaceuticals, Inc. (“AMAG” or the “Company”) and (ii) Sigma-Aldrich, Inc. (“SAFC”), amends that certain Commercial Supply Agreement between AMAG and SAFC dated August 29, 2012 (the “Commercial Supply Agreement”), as amended October 3, 2013 (“Amendment No. 1”), and collectively with the Commercial Supply Agreement, the “Agreement”). Capitalized terms used but not defined in this Amendment will have the meanings given them in the Agreement.

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Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Double asterisks denote omissions. FIRST AMENDMENT TO THE COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • April 2nd, 2018 • Kala Pharmaceuticals, Inc. • Pharmaceutical preparations

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.

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AMENDMENT NO. 1 TO AMENDED AND RESTATED COMMERCIAL SUPPLY AGREEMENT (Amantadine HCl extended release capsules)
Commercial Supply Agreement • August 8th, 2019 • Adamas Pharmaceuticals Inc • Pharmaceutical preparations

This Amendment No. 1 (this “Amendment”) is effective as of June 27, 2019 (“Amendment Effective Date”), by and between Adamas Pharma, LLC, a Delaware limited liability company, with a place of business at 1900 Powell St., Suite 1000, 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”).

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AMENDMENT TO THE COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 27th, 2009 • Amylin Pharmaceuticals Inc • Pharmaceutical preparations

THIS AMENDMENT TO THE COMMERCIAL SUPPLY AGREEMENT (the “Amendment”) is made and entered into effective as of December 8, 2008 (the “Amendment Date”), by and between Amylin Pharmaceuticals, Inc. (“Amylin”) and Baxter Pharmaceutical Solutions LLC (“Baxter”). Capitalized terms used in this Amendment that are not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement (as defined herein).

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • March 16th, 2009 • Poniard Pharmaceuticals, Inc. • Pharmaceutical preparations

This Commercial Supply Agreement (this “Agreement”) is entered into by and between Baxter Oncology GmbH, with an address at Kantstrasse 2, 33790 Halle / Westphalia, Germany (“BAXTER”) and Poniard Pharmaceuticals, Inc., a Washington corporation, having offices at 7000 Shoreline Court, Suite 270, South San Francisco, CA 94080 (“PONIARD”).

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Certain identified information has been excluded from the exhibit because it is both (i) not material and (ii) is the type of information that the registrant treats as private or confidential. Double asterisks denote omissions. AMENDMENT #4 to...
Commercial Supply Agreement • March 29th, 2022 • Kala Pharmaceuticals, Inc. • Pharmaceutical preparations

This FOURTH AMENDMENT (“Fourth Amendment”) is made and entered into effective as of February 9, 2022 (“Fourth Amendment Effective Date”), by and between and between Kala Pharmaceuticals, Inc., a Delaware corporation, with a place of business at 1167 Massachusetts Avenue, Arlington, MA 02476, USA (“Client”), and Woodstock Sterile Solutions, Inc., an Illinois corporation, having a place of business at 2210 Lake Shore Drive, Woodstock, IL 60098 (“Woodstock”). Each of Client and Woodstock may be referred to as a Party, and collectively as the Parties.

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AMENDMENT #7 to the COMMERCIAL SUPPLY AGREEMENT (originally effective May 23, 2007) by and between LG DISPLAY CO., LTD. (“LGD”) - formerly named LG.PHILIPS LCD CO., LTD. and UNIVERSAL DISPLAY CORPORATION (“UDC”)
Commercial Supply Agreement • May 9th, 2012 • Universal Display Corp \Pa\ • Electronic components & accessories

This Amendment #7 shall amend and modify certain provision of the above-referenced Commercial Supply Agreement, as previously amended effective as of June 30, 2008, June 30, 2009, December 31, 2009, June 30, 2010, December 31, 2010 and June 30, 2011 (the “Agreement”). This Amendment #7 shall be effective as of December 31, 2011.

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AMENDMENT #5 to the COMMERCIAL SUPPLY AGREEMENT (originally effective May 23, 2007) by and between LG DISPLAY CO., LTD. (“LGD”) - formerly named LG.PHILIPS LCD CO., LTD. and UNIVERSAL DISPLAY CORPORATION (“UDC”)
Commercial Supply Agreement • March 21st, 2011 • Universal Display Corp \Pa\ • Electronic components & accessories

This Amendment #5 shall amend and modify, to the extent of any inconsistency, the provisions of the above-referenced Commercial Supply Agreement, as previously amended effective as of June 30, 2008, June 30, 2009, December 31, 2009, and June 30, 2010 (the “Agreement”). This Amendment #5 shall be effective as of December 31, 2010.

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • November 8th, 2019 • TherapeuticsMD, Inc. • Pharmaceutical preparations • England and Wales

This Commercial Supply Agreement (the “Agreement”) is made as of the 28th day of September, 2018, by and between TherapeuticsMD, Inc., a Nevada corporation, with a place of business at 6800 Broken Sound Parkway NW, Third Floor, Boca Raton, Florida 33487 (“TXMD”), and QPharma AB, a Sweden corporation, having a place of business at Agneslundsvagen 27, Malmo, Sweden (“QPharma”).

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 25th, 2021 • Macrogenics Inc • Pharmaceutical preparations • New York

This Commercial Supply Agreement (the “Agreement”) is entered into as of September 30, 2020 (“Effective Date”), by and between Incyte Corporation, with an address of 1801 Augustine Cut-off, Wilmington, DE 19803 (“Incyte”), and MacroGenics, Inc., with an address of 9704 Medical Center Drive, Rockville, MD 20850 (“MacroGenics”). Incyte and MacroGenics are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • November 9th, 2021 • Mannkind Corp • Pharmaceutical preparations • New York

This commercial supply agreement (this “Agreement”) is entered into as of August 12, 2021 (the “Effective Date”) between MannKind Corporation, a Delaware corporation (“MannKind”), having a principal place of business at 30930 Russell Ranch Road, Suite 301, Westlake Village, California 91362, and United Therapeutics Corporation, a Delaware corporation (“United Therapeutics”), having a principal place of business at 1040 Spring Street, Silver Spring, Maryland 20910.

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • August 8th, 2013 • Vivus Inc • Pharmaceutical preparations • New York

SANOFI CHIMIE, a company organised and existing under the laws of France, having its registered office at 9 rue du Président Allende, 94256 Gentilly, France, and a principal place of business at 20 avenue Raymond Aron, 92165 Antony Cedex, France, represented by Hervé LEBRUN, Chairman and Chief Executive Officer,

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AMENDED AND RESTATED COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • November 2nd, 2017 • Adamas Pharmaceuticals Inc • Pharmaceutical preparations • New York

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”).

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