Commercialization Agreement Sample Contracts

Threshold Pharmaceuticals – AUSTIN, Texas, September 19, 2018 Molecular Templates, Inc. Today Announced an Agreement With Takeda Pharmaceutical Company Limited (Takeda) for the Joint Development of CD38-targeted Engineered Toxin Bodies (ETBs) for the Treatment of Patients With Diseases Such as Multiple Myeloma. The Lead Development Candidate Is a CD38-targeted ETB That Resulted From a Previous Discovery Collaboration Between the Two Companies. The Parties Developed Preclinical Stage ETBs Targeting CD38 Under the Prior Discovery Collaboration. Takeda and Molecular Templates Will Further Develop the ETBs for the Treatment (September 19th, 2018)
Aytu Bioscience, Inc – License, Development and Commercialization Agreement Between Ampio Pharmaceuticals, Inc. And Daewoong Pharmaceuticals Co., Ltd (September 6th, 2018)

THIS LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (this "Agreement") is made and entered into on August 23, 2011 (the "Effective Date") by and between Ampio Pharmaceuticals, Inc., a Delaware corporation having its principal place of business at 5445 DTC Parkway, Suite 925, Greenwood Village, Colorado 80111 ("Ampio"), and Daewoong Pharmaceuticals Co., Ltd, having its principal place of business at 163-3 Samsungdong, Kangnam-gu, Seoul, Republic of Korea ("Daewoong"). Each of Ampio and Daewoong is sometimes referred to herein as a "Party" and collectively, as the "Parties."

DEVELOPMENT AND COMMERCIALIZATION AGREEMENT Between Mesoblast Inc. And Mesoblast International Sarl and Tasly Pharmaceutical Group Co., Ltd. July 17, 2018 (August 31st, 2018)

This DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (the "Agreement") is made as of July 17, 2018 (the "Signature Date") by and between, on the one hand, Mesoblast Inc. with a place of business at 505 Fifth Avenue, Level 3, New York, NY 10017 ("Mesoblast Inc.") and Mesoblast International Sarl, a Swiss societe a responsibilite limitee, with its principal place of business located at Route de Pre-Bois 20, c/o Accounting & Management Service SA, 1217 Meyrin, Switzerland ("Mesoblast Sarl," and together with Mesoblast Inc., "MSB") and, on the other hand, Tasly Pharmaceutical Group Co., Ltd. with a place of business at Tasly TCM Garden, No. 2, Pujihe East Road, Beichen district, Tianjin, P. R. China 300410 ("Tasly" or "Collaborator"). MSB and Tasly are each referred to herein by name or, individually, as a "Party" or, collectively, as the "Parties."

Eton Pharmaceuticals, Inc. – Development, Supply and Commercialization Agreement (August 10th, 2018)

THIS DEVELOPMENT, SUPPLY AND COMMERCIALIZATION AGREEMENT (this "Agreement") dated as of November 7, 2017 (the "Effective Date"), is entered into between ***, with a place of business at ***, and ETON PHARMACEUTICALS, INC., a Delaware corporation ("Eton"), with a place of business at 21925 Field Pkwy, Suite 235, Deer Park, Illinois 60010. The parties hereby agree as follows:

CareDx, Inc. – License and Commercialization Agreement (August 9th, 2018)

This License and Commercialization Agreement ("Agreement") is effective as of the date of last signature below (the "Effective Date") by and between Illumina, Inc., a Delaware corporation, having a place of business at 5200 Illumina Way, San Diego, CA, 92122 ("Illumina"), and CareDx, Inc., a Delaware corporation, having a place of business at 3260 Bayshore Boulevard, Brisbane, CA 94005 ("CareDx"). Illumina and CareDx may each be referred to in this Agreement individually as a "Party" and collectively as the "Parties."

Syndax Pharmaceuticals Inc – Amendment #4 to License, Development and Commercialization Agreement (August 8th, 2018)

This Amendment #4 to LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT ("Amendment"), is entered into between Syndax Pharmaceuticals, Inc., a Delaware corporation having a place of business at 35 Gatehouse Drive, Building D, Floor 3, Waltham, MA 02451 USA ("Syndax") and Kyowa Hakko Kirin Co., Ltd., a Japanese corporation having a place of business at 1-9-2, Otemachi, Chiyoda-ku, Tokyo 100-0004, Japan ("KHK"), effective as of May 29, 2018 (the "Amendment Effective Date").

Aratana Therapeutics Inc. – Amended and Restated Exclusive License, Development and Commercialization Agreement (August 3rd, 2018)

This Amended and Restated Exclusive License, Development and Commercialization Agreement (this "Agreement") is made effective as of July 5, 2018 (the "Effective Date") by and between Pacira Pharmaceuticals, Inc., a California corporation with a principal place of business at 5 Sylvan Way, Parsippany, New Jersey U.S. 07054 ("Pacira") and Aratana Therapeutics, Inc., a Delaware corporation with a place of business at 11400 Tomahawk Creek Parkway Suite 340 Leawood, KS 66211 ("Aratana"). Pacira and Aratana are each hereafter referred to individually as a "Party" and together as the "Parties."

Durect Corporation – First Amendment to the Development and Commercialization Agreement (August 2nd, 2018)

This FIRST AMENDMENT TO THE DEVELOPMENT AND COMMERCIALIZATION AGREEMENT, dated May 5, 2017 (the "First Amendment") is effective as of May 4, 2018 (the "Amendment Effective Date") by and between Sandoz AG, a company organized under the laws of Switzerland, with an office at Lichtstrabe 35, CH 4056, Basel, Switzerland ("SANDOZ"), and Durect Corporation, a Delaware corporation having a place of business at 10260 Bubb Road, Cupertino, California 95014 ("DURECT"). SANDOZ and DURECT are each referred to herein by name or, individually, as a "Party" or, collectively, as the "Parties."

Amended and Restated Ex-Us Commercialization Agreement (July 18th, 2018)

WHEREAS, FMI has certain products that it currently commercializes, and additional products that it would like to commercialize in the future, either by itself or through a collaborator;

Adamis Pharmaceuticl – Adamis Pharmaceuticals Announces Distribution and Commercialization Agreement for Symjepi (July 2nd, 2018)

SAN DIEGO, CA --(July 1, 2018)- Adamis Pharmaceuticals Corporation (NASDAQ: ADMP) ("Adamis") announced today that it has entered into an exclusive distribution and commercialization agreement with Sandoz Inc. ("Sandoz"), a division of the Novartis Group, to commercialize Adamis' Symjepi product for the emergency treatment of allergic reactions (Type I) including anaphylaxis.

Eton Pharmaceuticals, Inc. – Development, Supply and Commercialization Agreement (June 28th, 2018)

THIS DEVELOPMENT, SUPPLY AND COMMERCIALIZATION AGREEMENT (this "Agreement") dated as of November 7, 2017 (the "Effective Date"), is entered into between ***, with a place of business at ***, and ETON PHARMACEUTICALS, INC., a Delaware corporation ("Eton"), with a place of business at 21925 Field Pkwy, Suite 235, Deer Park, Illinois 60010. The parties hereby agree as follows:

Constellation Pharmaceuticals Inc – RESEARCH, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT by and Between Constellation Pharmaceuticals, Inc. And the Leukemia & Lymphoma Society (June 22nd, 2018)

This Agreement (the Agreement) is made as of the 31st day of July, 2012 (the Effective Date), by and between The Leukemia and Lymphoma Society, a New York nonprofit corporation with its principal place of business at 1311 Mamaroneck Avenue, White Plains, New York 10605 (LLS) and Constellation Pharmaceuticals, Inc., a Delaware corporation with its principal place of business at 215 First Street, Suite 200, Cambridge, MA 02142 (Company). LLS and Company are sometimes hereinafter referred to individually as the Party and together as the Parties.

Provention Bio, Inc. – LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT Between JANSSEN PHARMACEUTICA NV and PROVENTION BIO, INC. LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (June 12th, 2018)

This license, development and commercialization agreement, effective as of the last date of execution by the parties hereto ("Effective Date"), is between Janssen Pharmaceutica NV, a company organized under the laws of Belgium, with its principal offices at Turnhoutseweg 30, 2340 Beerse, Belgium ("Janssen") and Provention Bio, Inc., a company organized under the laws of Delaware, with its principal offices at 110 Old Driftway Lane, Lebanon, New Jersey 08833 ("Provention").

Onconova Therapeutics Inc. – License, Development and Commercialization Agreement (May 15th, 2018)

This License, Development and Commercialization Agreement (this Agreement), dated as of March 2, 2018 (the Effective Date), is made by and among Onconova Therapeutics, Inc., a Delaware corporation (Onconova), and Pint Pharma International SA, a company registered under Swiss laws having its registered office at Route de Chenaux 9, 1091 Bourg-en-Levaux, Switzerland (Pint). Onconova and Pint are sometimes referred to herein individually as a Party and collectively as the Parties.

Alcobra Ltd. – Co-Development and Co-Commercialization Agreement (May 14th, 2018)

This CO-DEVELOPMENT AND CO-COMMERCIALIZATION AGREEMENT (this "Agreement") is made as of 1 January 2018 (the "Effective Date"), by and between Arcturus Therapeutics, Inc., a Delaware corporation with offices at 10628 Science Center Drive, Suite 200, San Diego, California 92121, U.S. ("Arcturus"), and CureVac AG, a German stock corporation with offices at Paul-Ehrlich-Strasse 15, 72076 Tuebingen, Germany ("CureVac"). CureVac and Arcturus are referred to in this Agreement individually as a "Party" and collectively as the "Parties".

Provention Bio, Inc. – License, Development, and Commercialization Agreement (May 9th, 2018)

This license, development, and commercialization agreement is effective as of the last date of execution by the parties hereto ("Effective Date") and is between Janssen Sciences Ireland UC, a company organized under the laws of Ireland, having offices at EastGate Village, EastGate, Little Island, Co, Cork, Ireland ("Licensor") and Provention Bio, Inc., a Delaware company with its principal offices at 110 Old Driftway Lane, Lebanon, New Jersey 08833 ("Licensee" or "Provention").

Syndax Pharmaceuticals Inc – Amendment #3 to License, Development and Commercialization Agreement (May 9th, 2018)

This Amendment #3 to LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT ("Amendment"), is entered into between Syndax Pharmaceuticals, Inc., a Delaware corporation having a place of business at 400 Totten Pond Road, Suite 110, Waltham, MA 02451 USA ("Syndax") and Kyowa Hakko Kirin Co., Ltd., a Japanese corporation having a place of business at 1-9-2, Otemachi, Chiyoda-ku, Tokyo 100-0004, Japan ("KHK"), effective as of March 23, 2018 (the "Amendment Effective Date").

Provention Bio, Inc. – CONFIDENTIAL TREATMENT REQUESTED: Certain Portions of This Document Have Been Omitted Pursuant to a Request for Confidential Treatment And, Where Applicable, Have Been Marked With an Asterisk ("[*****]") to Denote Where Omissions Have Been Made. The Confidential Material Has Been Filed Separately With the Securities and Exchange Commission. LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT Between JANSSEN PHARMACEUTICA NV and PROVENTION BIO, INC. LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (May 9th, 2018)

This license, development and commercialization agreement, effective as of the last date of execution by the parties hereto ("Effective Date"), is between Janssen Pharmaceutica NV, a company organized under the laws of Belgium, with its principal offices at Turnhoutseweg 30, 2340 Beerse, Belgium ("Janssen") and Provention Bio, Inc., a company organized under the laws of Delaware, with its principal offices at 110 Old Driftway Lane, Lebanon, New Jersey 08833 ("Provention").

Ex-Us Commercialization Agreement (May 2nd, 2018)

WHEREAS, FMI has certain products that it currently commercializes, and additional products that it would like to commercialize in the future, either by itself or through a collaborator;

Constellation Pharmaceuticals Inc – RESEARCH, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT by and Between Constellation Pharmaceuticals, Inc. And the Leukemia & Lymphoma Society (April 27th, 2018)

This Agreement (the Agreement) is made as of the 31st day of July, 2012 (the Effective Date), by and between The Leukemia and Lymphoma Society, a New York nonprofit corporation with its principal place of business at 1311 Mamaroneck Avenue, White Plains, New York 10605 (LLS) and Constellation Pharmaceuticals, Inc., a Delaware corporation with its principal place of business at 215 First Street, Suite 200, Cambridge, MA 02142 (Company). LLS and Company are sometimes hereinafter referred to individually as the Party and together as the Parties.

Summit Corp plc – License and Commercialization Agreement (April 13th, 2018)

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (this "Agreement"), effective as of December 18, 2017 (the "Effective Date"), is entered into by and between Summit (Oxford) Ltd, a limited company incorporated in England (with registered number 04636431) whose registered office is at 136a Eastern Avenue, Milton Park, Abingdon, Oxfordshire, OX14 4SB, United Kingdom ("Summit") and Eurofarma Laboratorios S.A., a company incorporated in Brazil (with registered number 61.190.096/0001-92), whose principal place of business is at Avenue Vereador Jose Diniz, 3465, Campo Belo, Sao Paulo/SP, Brazil ("Eurofarma").

Eton Pharmaceuticals, Inc. – Development, Supply and Commercialization Agreement (March 20th, 2018)

THIS DEVELOPMENT, SUPPLY AND COMMERCIALIZATION AGREEMENT (this "Agreement") dated as of November 7, 2017 (the "Effective Date"), is entered into between ***, with a place of business at ***, and ETON PHARMACEUTICALS, INC., a Delaware corporation ("Eton"), with a place of business at 21925 Field Pkwy, Suite 235, Deer Park, Illinois 60010. The parties hereby agree as follows:

Confidential Treatment Requested License and Commercialization Agreement (March 15th, 2018)

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (this "Agreement") is effective as of 21st December, 2017 (the "Effective Date") by and between Histogenics Corporation., a corporation organized and existing under the laws of the State of Delaware, with offices at 830 Winter Street, 3rd Floor, Waltham, MA, 02451 ("Histogenics"), and MEDINET Co., Ltd., a corporation organized and existing under the laws of Japan, with offices at 2-3-12 Shinyokohama, Kohoku-ku, Yokohama-shi, Kanagawa-ken, Japan ("MEDINET") (each, a "Party" and together, the "Parties").

Cellectis S.A. – Amendment No. 2 to the Product Development, Option, License and Commercialization Agreement (March 13th, 2018)

This Second Amendment (the Amendment) to the Research, Product Development, Option, License and Commercialization Agreement effective as of February 17, 2014 (as amended, the Agreement) is dated as of and shall become effective as of the November 28th, 2016 (hereinafter the Effective Date) by and between Les Laboratoires Servier, a corporation incorporated under the laws of France having a principal place of business at 50 rue Carnot, 92150 Suresnes, France (LLS) and Institut de Recherches Internationales Servier, a corporation incorporated under the laws of France having its principal place of business at 50 rue Carnot, 92 150 Suresnes, France (IRIS) (LLS and IRIS being together referred to as Servier), and Cellectis SA, a company incorporated under the laws of France having a principal place of business, at 8, rue de la Croix Jarry, 75013 Paris, France (Cellectis). Cellectis and Servier are individually referred to herein as a Party and collectively as the Parties.

Collegium Pharmaceutical – Amendment No. 1 to Commercialization Agreement (March 7th, 2018)

THIS AMENDMENT NO. 1 TO COMMERCIALIZATION AGREEMENT (this "Amendment No. 1") is entered into as of January 9, 2018, by and among Depomed, Inc., a California corporation ("Depomed"), Collegium Pharmaceutical, Inc., a Virginia corporation ("Collegium"), and Collegium NF, LLC, a Delaware limited liability company and wholly owned subsidiary of Collegium ("Newco") and amends that certain Commercialization Agreement, dated as of December 4, 2017 (the "Commercialization Agreement"), by and among Depomed, Collegium, and Newco. Each of Depomed, Collegium and Newco is referred to herein individually as a "party" and collectively as the "parties." Defined terms used herein but not otherwise defined herein shall have the meaning ascribed to such terms in the Commercialization Agreement.

Second Amendment to Ex-Us Commercialization Agreement (March 7th, 2018)

This Second Amendment to Ex-US Commercialization Agreement ("Second Amendment"), effective as of October 10, 2017 ("Second Amendment Effective Date"), is by and between F. Hoffmann-La Roche Ltd, with an office and place of business at Grenzacherstrasse 124, 4070, Basel, Switzerland ("Roche") and Foundation Medicine, Inc., with an office and place of business at 150 Second Street, Cambridge, MA 02141, U.S.A. ("FMI") (each a "Party," and collectively, the "Parties"), and amends that certain Ex-US Commercialization Agreement, by and between the Parties, effective as of April 7, 2015, as amended by the First Amendment to Ex-US Commercialization Agreement, effective as of May 9, 2016 (collectively, the "Agreement"). Capitalized terms used in this Second Amendment and not otherwise defined herein are used with the meanings ascribed to them in the Agreement.

Third Amendment to Ex-Us Commercialization Agreement (March 7th, 2018)

This Third Amendment to Ex-US Commercialization Agreement ("Third Amendment"), is entered into as of December 8, 2017 ("Third Amendment Execution Date") and shall be effective as of December 1, 2017, by and between F. Hoffmann-La Roche Ltd, with an office and place of business at Grenzacherstrasse 124, 4070, Basel, Switzerland ("Roche") and Foundation Medicine, Inc., with an office and place of business at 150 Second Street, Cambridge, MA 02141, U.S.A. ("FMI") (each a "Party," and collectively, the "Parties"), and amends that certain Ex-US Commercialization Agreement, by and between the Parties, effective as of April 7, 2015, as amended by the First Amendment to Ex-US Commercialization Agreement, effective as of May 9, 2016 and the Second Amendment to Ex-US Commercialization agreement, effective as of October 17, 2017 (collectively, the "Agreement"). Capitalized terms used in this Third Amendment and not otherwise defined herein are used with the meanings ascribed to them in the Agre

Collegium Pharmaceutical – COMMERCIALIZATION AGREEMENT by and Among DEPOMED, INC., COLLEGIUM PHARMACEUTICAL, INC. And COLLEGIUM NF, LLC Dated as of December 4, 2017 (March 7th, 2018)

This Commercialization Agreement (this "Agreement") is made as of December 4, 2017 (the "Effective Date"), by and among Depomed, Inc., a California corporation ("Depomed"), Collegium Pharmaceutical, Inc., a Virginia corporation ("Collegium"), and Collegium NF, LLC, a Delaware limited liability company and wholly owned subsidiary of Collegium ("Newco"). Each of Depomed, Collegium and Newco is referred to herein individually as a "party" and collectively as the "parties."

Depomed – Amendment No. 1 to Commercialization Agreement (March 1st, 2018)

THIS AMENDMENT NO. 1 TO COMMERCIALIZATION AGREEMENT (this "Amendment No. 1") is entered into as of January 9, 2018, by and among Depomed, Inc., a California corporation ("Depomed"), Collegium Pharmaceutical, Inc., a Virginia corporation ("Collegium"), and Collegium NF, LLC, a Delaware limited liability company and wholly owned subsidiary of Collegium ("Newco") and amends that certain Commercialization Agreement, dated as of December 4, 2017 (the "Commercialization Agreement"), by and among Depomed, Collegium, and Newco. Each of Depomed, Collegium and Newco is referred to herein individually as a "party" and collectively as the "parties." Defined terms used herein but not otherwise defined herein shall have the meaning ascribed to such terms in the Commercialization Agreement.

Loxo Oncology, Inc. – License, Development and Commercialization Agreement (March 1st, 2018)

This LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (this Agreement) is entered into as of November 14, 2017 (the Effective Date) by and between:

Depomed – COMMERCIALIZATION AGREEMENT by and Among DEPOMED, INC., COLLEGIUM PHARMACEUTICAL, INC. And COLLEGIUM NF, LLC Dated as of December 4, 2017 (March 1st, 2018)

This Commercialization Agreement (this "Agreement") is made as of December 4, 2017 (the "Effective Date"), by and among Depomed, Inc., a California corporation ("Depomed"), Collegium Pharmaceutical, Inc., a Virginia corporation ("Collegium"), and Collegium NF, LLC, a Delaware limited liability company and wholly owned subsidiary of Collegium ("Newco"). Each of Depomed, Collegium and Newco is referred to herein individually as a "party" and collectively as the "parties."

Spark Therapeutics, Inc. – LICENSING AND COMMERCIALIZATION AGREEMENT BY AND BETWEEN SPARK THERAPEUTICS, INC. AND NOVARTIS PHARMA AG January 24, 2018 (February 27th, 2018)
RedHill Biopharma Ltd. – Exclusive Commercialization Agreement (February 22nd, 2018)

THIS EXCLUSIVE COMMERCIALIZATION AGREEMENT is made and entered into as of August 16, 2017 (the "Effective Date"), by and between ParaPRO LLC, an Indiana company, having a place of business at 11550 North Meridian Street, Suite 290, Carmel, Indiana 46032, USA and all Affiliates thereof ("ParaPRO") and RedHill Biopharma, Inc. a Delaware corporation, having an address at 8045 Arco Corporate Drive, Suite 120, Raleigh, North Carolina 27617 and all Affiliates thereof ("RedHill"). RedHill and ParaPRO each may be referred to herein individually as a "Party," or collectively as the "Parties".

Provention Bio, Inc. – CONFIDENTIAL TREATMENT REQUESTED: Certain Portions of This Document Have Been Omitted Pursuant to a Request for Confidential Treatment And, Where Applicable, Have Been Marked With an Asterisk ("[*****]") to Denote Where Omissions Have Been Made. The Confidential Material Has Been Filed Separately With the Securities and Exchange Commission. LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT Between JANSSEN PHARMACEUTICA NV and PROVENTION BIO, INC. LICENSE, DEVELOPMENT AND COMMERCIALIZATION AGREEMENT (February 12th, 2018)

This license, development and commercialization agreement, effective as of the last date of execution by the parties hereto ("Effective Date"), is between Janssen Pharmaceutica NV, a company organized under the laws of Belgium, with its principal offices at Turnhoutseweg 30, 2340 Beerse, Belgium ("Janssen") and Provention Bio, Inc., a company organized under the laws of Delaware, with its principal offices at 110 Old Driftway Lane, Lebanon, New Jersey 08833 ("Provention").

Provention Bio, Inc. – License, Development, and Commercialization Agreement (February 12th, 2018)

This license, development, and commercialization agreement is effective as of the last date of execution by the parties hereto ("Effective Date") and is between Janssen Sciences Ireland UC, a company organized under the laws of Ireland, having offices at EastGate Village, EastGate, Little Island, Co, Cork, Ireland ("Licensor") and Provention Bio, Inc., a Delaware company with its principal offices at 110 Old Driftway Lane, Lebanon, New Jersey 08833 ("Licensee" or "Provention").