Distribution And Supply Agreement Sample Contracts

Heska Corporation – Master Distribution and Supply Agreement (March 9th, 2018)

This Master Distribution and Supply Agreement (this "Agreement") is entered into as of October 17, 2014 (the "Effective Date") by and between Heska Corporation, a Delaware corporation ("Heska") and Butler Animal Health Supply, LLC d/b/a Henry Schein Animal Health, a Delaware limited liability company ("HSAH"). HSAH and Heska are each a "Party" and jointly are the "Parties".

Evolus, Inc. – Exclusive Distribution and Supply Agreement (January 9th, 2018)

This EXCLUSIVE DISTRIBUTION AND SUPPLY AGREEMENT (this "Agreement") is entered into as of November 30, 2017 (the "Effective Date") by and between EVOLUS, INC. a Delaware Corporation ("EVOLUS"), and CLARION MEDICAL TECHNOLOGIES INC., a body corporate, incorporated under the Ontario Business Corporations Act ("DISTRIBUTOR").

Evolus, Inc. – Exclusive Distribution and Supply Agreement (December 20th, 2017)

This EXCLUSIVE DISTRIBUTION AND SUPPLY AGREEMENT (this "Agreement") is entered into as of November 30, 2017 (the "Effective Date") by and between EVOLUS, INC. a Delaware Corporation ("EVOLUS"), and CLARION MEDICAL TECHNOLOGIES INC., a body corporate, incorporated under the Ontario Business Corporations Act ("DISTRIBUTOR").

Hemispherx BioPharma, Inc. – Sales, Marketing, Distribution, and Supply Agreement {***} (August 29th, 2016)

WHEREAS HEMISPHERX is a biopharmaceutical company with headquarters at One Penn Center, 1617 JFK Boulevard, Suite 500, Philadelphia, PA 19103, U.S. ("HEMISPHERX") and Scientific Products Pharmaceutical Co. LTD is a pharmaceutical company with its primary offices located at Tahlia Street, P.O Box 10485, Riyadh 11433 Saudi Arabia (" SCIEN"), each a "Party" together, "Parties", and

Milestone Scientific – Exclusive Distribution and Supply Agreement (June 30th, 2016)

This Exclusive Distribution and Supply Agreement (this "Agreement") is entered into as of June 20, 2016 by and among Milestone Scientific, Inc. ("Milestone", but solely for the purposes of Section 1.1(b) and Section 13.2), Wand Dental, Inc. ("Supplier") and Henry Schein, Inc. ("HSI").

Hemispherx BioPharma, Inc. – Sales, Marketing, Distribution, and Supply Agreement {***} (May 16th, 2016)

WHEREAS HEMISPHERX is a biopharmaceutical company with headquarters at One Penn Center, 1617 JFK Boulevard, Suite 500, Philadelphia, PA 19103, U.S. ("HEMISPHERX") and Scientific Products Pharmaceutical Co. LTD is a pharmaceutical company with its primary offices located at Tahlia Street, P.O Box 10485, Riyadh 11433 Saudi Arabia (" SCIEN"), each a "Party" together, "Parties", and

Hemispherx BioPharma, Inc. – Sales, Marketing, Distribution, and Supply Agreement (August 12th, 2015)

WHEREAS HEMISPHERX is a biopharmaceutical company with headquarters at One Penn Center, 1617 JFK Boulevard, Suite 500, Philadelphia, PA 19103, U.S. ("HEMISPHERX") and Emerge Health Pty Ltd. is a pharmaceutical company with its primary offices located at Suite 3, Level 1, 2 Theatre Place, Canterbury VIC 3126, Australia (" EMERGE"), each a "Party" together, "Parties" and

Golf Rounds.Com Inc – Distribution and Supply Agreement (August 12th, 2015)

This DISTRIBUTION AND SUPPLY AGREEMENT is made and entered into by and between BIODLOGICS, LLC, a Delaware limited liability company ("BioD"), and Fuse Medical, INC, a Delaware limited liability company ("Distributor"), dated this 8th day of January, 2015 (the "Effective Date"). BioD and Distributor may be referred to herein as a "Party" or, collectively, as the "Parties."

Distribution and Supply Agreement (June 1st, 2015)

This Distribution and Supply Agreement dated as of January 29, 2015 ("Effective Date") is entered into between QBD (QS-IP) LIMITED, a corporation incorporated under the laws of Jersey, Channel Islands, with registered number 109469, and with its registered office at PO Box 1075, Elizabeth House, 9 Castle Street, Jersey, JE4 2PQ, Channel Islands, ("Quotient"), Quotient Suisse SA, a corporation incorporated under the laws of Switzerland, with registered number CHE-167.592.818, and with its registered office at Route de Crassier 13, Business Park Terre Bonne, Batiment B 1, 1262 Eysins, Switzerland, ("Suisse SA"), and Ortho-Clinical Diagnostics, Inc., a corporation incorporated under the laws of New York, and with its principal place of business at 1001 US Highway Route 202, Raritan, New Jersey 08869 ("OCD"). Quotient, Suisse SA and OCD are referred to individually as a "Party" and collectively as the "Parties".

Can-Fite BioPharma Ltd. – Can-Fite Biopharma Ltd and Cipher Pharmaceuticals Inc. Distribution and Supply Agreement Dated as of March 20, 2015 (March 27th, 2015)

12.2 Dispute Resolution 42 12.3 Entire Agreement; Amendments 43 12.4 Tax Withholding 43 12.5 Notices 43 12.6 Assignment 44 12.7 Public Announcements 45 12.8 Severance 45 12.9 Non-Waiver 45 12.10 Further Assurances 45 12.11 Force Majeure 45 12.12 Anti-Corruption 46 12.13 Disclaimer of Agency 46 12.14 Construction 46 12.15 Counterparts 47 12.16 Consents in Writing 47

Hemispherx BioPharma, Inc. – Sales, Marketing, Distribution, and Supply Agreement (March 19th, 2015)

WHEREAS HEMISPHERX is a biopharmaceutical company with headquarters at One Penn Center, 1617 JFK Boulevard, Suite 500, Philadelphia, PA 19103, U.S. ("HEMISPHERX") and Emerge Health Pty Ltd. is a pharmaceutical company with its primary offices located at Suite 3, Level 1, 2 Theatre Place, Canterbury VIC 3126, Australia (" EMERGE"), each a "Party" together, "Parties" and

Klox Technologies, Inc. – Distribution and Supply Agreement Between Klox Technologies Inc. And Sandoz Canada Inc. November 15, 2013 (February 11th, 2015)

This Distribution and Supply Agreement is entered into at the City of Montreal, Province of Quebec, on this 15th day of November, 2013 (the Effective Date) by and between:

Klox Technologies, Inc. – Distribution and Supply Agreement Between Klox Technologies Inc. And Sandoz Canada Inc. November 15, 2013 (January 12th, 2015)

This Distribution and Supply Agreement is entered into at the City of Montreal, Province of Quebec, on this 15th day of November, 2013 (the Effective Date) by and between:

Fuel Distribution and Supply Agreement (October 16th, 2014)

This Fuel Distribution and Supply Agreement (this Agreement) is dated as of October 15, 2014 (the Effective Date), and is made and entered into by and between Western Refining Wholesale, LLC, a Delaware limited liability company (Seller), and Western Refining Southwest, Inc., an Arizona corporation (WRSW and, collectively with all of its divisions, subsidiaries or affiliates, other than the Partnership (as defined below) and its subsidiaries, Purchaser). Seller and Purchaser are individually referred to as a Party and collectively as the Parties.

Western Refining Logistics, LP – Fuel Distribution and Supply Agreement (October 16th, 2014)

This Fuel Distribution and Supply Agreement (this Agreement) is dated as of October 15, 2014 (the Effective Date), and is made and entered into by and between Western Refining Wholesale, LLC, a Delaware limited liability company (Seller), and Western Refining Southwest, Inc., an Arizona corporation (WRSW and, collectively with all of its divisions, subsidiaries or affiliates, other than the Partnership (as defined below) and its subsidiaries, Purchaser). Seller and Purchaser are individually referred to as a Party and collectively as the Parties.

Auxilium Pharmaceuticals, Inc. – DISTRIBUTION AND SUPPLY AGREEMENT by and Between Auxilium Pharmaceuticals, Inc. And Prasco, LLC Dated April 1, 2014 (August 7th, 2014)

This Distribution and Supply Agreement (this Agreement) is made as of April 1, 2014 (the Effective Date), by and between Auxilium Pharmaceuticals, Inc., a Delaware corporation (hereinafter referred to as Manufacturer), and Prasco, LLC, an Ohio limited liability company (hereinafter referred to as Distributor).

Parnell Pharmaceuticals Holdings Pty Ltd – Distribution and Supply Agreement (June 10th, 2014)

This is Amendment number 1 to the agreement between Eli Lilly and Company and Parnell Europe Pty Ltd. titled Distribution and Supply Agreement and dated February 9, 2011 ("Agreement"). By this amendment, entered into on this 2nd day of December, 2011, both parties agree as follows:

Parnell Pharmaceuticals Holdings Pty Ltd – Distribution and Supply Agreement Parnell North America Pty Ltd (June 10th, 2014)

CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK ***, HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Parnell Pharmaceuticals Holdings Pty Ltd – DISTRIBUTION AND SUPPLY AGREEMENT PARNELL EUROPE PTY LTD ABN A2 138 251 56A and ELANCO, a Division of ELI LILLY and COMPANY (June 10th, 2014)

CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK ***, HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Parnell Pharmaceuticals Holdings Pty Ltd – Distribution and Supply Agreement (May 1st, 2014)

This is Amendment number 1 to the agreement between Eli Lilly and Company and Parnell Europe Pty Ltd. titled Distribution and Supply Agreement and dated February 9, 2011 ("Agreement"). By this amendment, entered into on this 2nd day of December, 2011, both parties agree as follows:

Parnell Pharmaceuticals Holdings Pty Ltd – Distribution and Supply Agreement (May 1st, 2014)

PARNELL EUROPE PTY LTD ABN 42 138 251 564 a company, organised under the laws of Australia, with registered office at Unit 4, 476 Gardeners Road, Alexandria, New South Wales, Australia Represented by Mr. R JOSEPH, Chief Executive Officer, Hereinafter referred to as Parnell.

Parnell Pharmaceuticals Holdings Pty Ltd – Distribution and Supply Agreement Parnell North America Pty Ltd (May 1st, 2014)
Santarus, Inc. – Amended and Restated Distribution and Supply Agreement (March 4th, 2013)

This Amended and Restated Distribution and Supply Agreement (this Agreement) is dated as of November 30, 2012 (the Amended and Restated Effective Date), by and among Santarus, Inc., a Delaware corporation (hereinafter referred to as Manufacturer), and Prasco, LLC, an Ohio limited liability company (hereinafter referred to as Distributor).

Oculus Innovative Sciences – License, Exclusive Distribution and Supply Agreement (August 15th, 2012)

This License, Exclusive Distribution and Supply Agreement is entered into as of the latest date set forth on the signature lines below by and between, on the one part, Oculus Innovative Sciences, Inc., a Delaware corporation having a place of business at 1129 No. McDowell Boulevard, Petaluma, California, USA 94954 (hereinafter referred to as "Licensor") and Oculus Technologies of Mexico S.A. de C.V. (hereinafter referred to as "Manufacturer"), a limited liability corporation organized under the laws of Mexico, having a place of business at Industria Vidriera 81, Fracc. Industrial Zapopan Norte, 45130 Zapopan, Jalisco, Mexico, and, on the other part, More Pharma Corporation, S. de R.L. de C.V. (hereinafter referred to as "Licensee"), a limited liability company organized under the laws of Mexico, having a place of business at Av. Ejercito Nacional 926, Interior 203 Col. Los Morales, Seccion Palmas 11540, Mexico City, Mexico.

Oculus Innovative Sciences – Exclusive Distribution and Supply Agreement (August 15th, 2012)

This Exclusive Distribution and Supply Agreement is entered into as of the latest date set forth on the signature lines below by and between, on the one part, Oculus Innovative Sciences, Inc., a Delaware corporation having a place of business at 1129 No. McDowell Boulevard, Petaluma, California, USA 94954 (hereinafter referred to as "Oculus") and Oculus Technologies of Mexico, S.A. de C.V. (hereinafter referred to as "Manufacturer"), a limited liability corporation organized under the laws of Mexico, having a place of business at Industria Vidriera 81, Fracc. Industrial Zapopan Norte, 45130 Zapopan, Jalisco, Mexico, and, on the other part, More Pharma Corporation, S. de R.L. de C.V. (hereinafter referred to as "More Pharma"), a limited liability company organized under the laws of Mexico, having a place of business at Av. Ejercito Nacional 926, Interior 203 Col. Los Morales, Seccion Palmas 11540, Mexico City, Mexico.

Distribution and Supply Agreement Between Cytocore, Inc. And Guangdong Prosper Channel Medicine Company Ltd. (December 3rd, 2010)

CYTOCORE, INC., a Delaware corporation with its principal office at Suite 510, 414 North Orleans Street, Chicago, Illinois 60610 (hereinafter called CYTOCORE) and GUANGDONG PROSPER CHANNEL MEDICINE COMPANY LTD. , a Chinese company with its principal office at 205Room, No.98, Heng Fu Road, Guangzhou-510095, China (hereinafter called Prosper Channel).

Distribution and Supply Agreement (November 3rd, 2010)

This Distribution and Supply Agreement (this Agreement) is entered into as of September 23, 2010 with an effective date as of August 30, 2010 (the Effective Date) by and between Biolase Technology, Inc. and its subsidiaries (collectively, Biolase) and Henry Schein, Inc. and its subsidiaries (collectively, HSI).

Santarus, Inc. – Distribution and Supply Agreement (August 3rd, 2010)

This Distribution and Supply Agreement (this Agreement) is made as of April 26, 2010 (the Effective Date), by and among Santarus, Inc., a Delaware corporation (hereinafter referred to as Manufacturer), and Prasco, LLC, an Ohio limited liability company (hereinafter referred to as Distributor).

PRESTWICK PHARMACEUTICALS, INC. - And - OVATION PHARMACEUTICALS, INC. Marketing, Distribution and Supply Agreement for Xenazine (February 26th, 2010)

This MARKETING, DISTRIBUTION AND SUPPLY AGREEMENT (this Agreement) is dated as of September 16, 2008 (the Effective Date) by and between Prestwick Pharmaceuticals, Inc., a company incorporated under the laws of the State of Delaware and having a principal place of business at 1825 K Street NW, Suite 1475, Washington, D.C. 20006 (Prestwick), and Ovation Pharmaceuticals, Inc., a company incorporated under the laws of the State of Illinois and having a principal place of business at Four Parkway North, Deerfield, Illinois 60015 (Distributor). Prestwick and Distributor are sometimes referred to herein individually as a Party and collectively as the Parties.

K-V Pharmaceutical Co. Cl A – Distribution and Supply Agreement Between Purdue Pharma L.P. And Kv Pharmaceutical Company Dated as of June 9, 2009 (June 10th, 2009)

THIS DISTRIBUTION AND SUPPLY AGREEMENT is entered into as of June 9, 2009 between Purdue Pharma L.P., a Delaware limited partnership (Purdue), and KV Pharmaceutical Company, a Delaware corporation (Distributor).

DISTRIBUTION AND SUPPLY AGREEMENT Between DR. REDDYS LABORATORIES, INC. And CERAGENIX PHARMACEUTICALS, INC. And CERAGENIX CORPORATION Dated NOVEMBER 16, 2007 (March 31st, 2008)

THIS DISTRIBUTION AND SUPPLY AGREEMENT (this Agreement), dated as of November 16, 2007 (the Effective Date) is entered into by and among Dr. Reddys Laboratories, Inc., a corporation duly organised and existing under the laws of the state of New Jersey, having its place of business at 200 Somerset Corporate Boulevard, 7th Floor, Bridgewater, NJ 08807 (hereinafter referred to as Distributor) and Ceragenix Pharmaceuticals, Inc., a corporation duly organised and existing under the laws of the State of Delaware, having its place of business at 1444 Wazee Street, Suite 210, Denver, CO 80202, and Ceragenix Corporation also having its place of business at 1444 Wazee Street, Suite 210, Denver, CO 80202 (hereinafter Ceragenix Pharmaceuticals, Inc. and Ceragenix Corporation shall be collectively referred to as Company).

ImClone Systems – Amendment No. 2 to Development, Promotion, Distribution and Supply Agreement (November 9th, 2007)

This AMENDMENT NO. 2 dated as of July 27, 2007 (this "Amendment No. 2"), is entered into by and among E.R. SQUIBB & SONS, LLC, a limited liability company organized and existing under the laws of the State of Delaware, having offices located at Route 206 and Province Line Road, Princeton, New Jersey 08543 ("ERS"), BRISTOL-MYERS SQUIBB COMPANY, a corporation organized and existing under the laws of the State of Delaware, having offices located at Route 206 and Province Line Road, Princeton, New Jersey 08543 ("BMS") and IMCLONE SYSTEMS INCORPORATED, a corporation organized under the laws of the State of Delaware, having offices located at 180 Varick Street, New York, New York 10014 (the "Company").

Exclusive Development, Distribution, and Supply Agreement (October 29th, 2007)

This EXCLUSIVE DEVELOPMENT, DISTRIBUTION, AND SUPPLY AGREEMENT (the Agreement) is entered into as of October 27th, 2006 (the Effective Date), by and between (i) CryoLife, Inc., a Florida corporation, having a principal place of business at 1655 Roberts Blvd. NW, Kennesaw, Georgia 30144 (Supplier), and (ii) BioForm Medical, Inc., a Delaware corporation having a principal place of business at 1875 South Grant Street, Suite 110, San Mateo, California 94402 (BioForm).

Exclusive Development, Distribution, and Supply Agreement (October 22nd, 2007)

This EXCLUSIVE DEVELOPMENT, DISTRIBUTION, AND SUPPLY AGREEMENT (the Agreement) is entered into as of October 27th, 2006 (the Effective Date), by and between (i) CryoLife, Inc., a Florida corporation, having a principal place of business at 1655 Roberts Blvd. NW, Kennesaw, Georgia 30144 (Supplier), and (ii) BioForm Medical, Inc., a Delaware corporation having a principal place of business at 1875 South Grant Street, Suite 110, San Mateo, California 94402 (BioForm).

DUSA Pharmaceuticals, Inc. – First Amendment to Marketing, Distribution and Supply Agreement (March 16th, 2007)

This FIRST AMENDMENT TO MARKETING, DISTRIBUTION AND SUPPLY AGREEMENT (the First Amendment) made as of the 10th day of January, 2007 (the Effective Date) among DUSA PHARMACEUTICALS, INC., a New Jersey corporation having a principal office and place of business at 25 Upton Drive, Wilmington, Massachusetts, USA 01887 (hereinafter called DUSA), and DAEWOONG PHARMACEUTICAL CO., LTD, a Korean corporation having a principal office and place of business at 163-3 Samsung-dong Gangnam-gu, Seoul, Korea, (hereinafter called DAEWOONG) and DNC DAEWOONG DERMA & PLASTIC SURGERY NETWORK COMPANY, a wholly-owned Korean subsidiary of DAEWOONG PHARMACEUTICAL CO., LTD having a principal office and place of business at 163-3 Samsung-dong Gangnam-gu, Seoul, Korea (hereinafter called DNC and collectively with DAEWOONG hereinafter called D&D).