Manufacture and Supply Agreement Sample Contracts

MANUFACTURE AND SUPPLY AGREEMENT BETWEEN
Manufacture and Supply Agreement • March 16th, 2007 • Penwest Pharmaceuticals Co • Pharmaceutical preparations • Quebec
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MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • May 13th, 2014 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations

This MANUFACTURE AND SUPPLY AGREEMENT (“Agreement”) is entered into as of December 16, 2013 (the “Effective Date”) between ACELRX PHARMACEUTICALS, INC., a company organized under the laws of the State of Delaware, United States (“AcelRx”), and having a principal place of business at 575 Chesapeake Drive, Redwood City, CA 94063, United States, and GRÜNENTHAL GMBH, a company organized under the laws of Germany (“Grünenthal”), having its registered office at Zieglerstrasse 6, 52078 Aachen, Germany. AcelRx and Grünenthal may be referred to herein from time to time individually as a “Party,” and collectively as the “Parties”.

Certain information in this exhibit marked [*] has been excluded from the exhibit because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. CO-MARKETING, MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • March 1st, 2021 • Athenex, Inc. • Pharmaceutical preparations • New York

THIS CO-MARKETING, MANUFACTURE AND SUPPLY AGREEMENT (“Agreement”) is entered into as of November 2, 2020, (“Effective Date”) between INGENUS PHARMACEUTICALS LLC, a Delaware, USA limited liability company with a principal place of business at 4190 Millenia Blvd., Orlando, FL 32839 (“Ingenus”) and ATHENEX PHARMACEUTICAL DIVISION, LLC, a Delaware limited liability company with a principal place of business at 10 Martingale Rd, Suite 230, Schaumburg, IL 60173 (“Athenex”) (hereinafter each a “Party” and collectively referred to as the “Parties”).

MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • April 19th, 2007 • TomoTherapy Inc • Electromedical & electrotherapeutic apparatus • California

This Agreement made as of this 14” day of November 2003 by and between Siemens Medical Solutions, USA, Inc., acting through and on behalf of its Oncology Care Systems Group having a business address at 4040 Nelson Avenue, Concord, CA 94520 (“Seller”) and Tomo Therapy, Incorporated, having a business address at 1240 Deming Way, Madison, WI 53717 (“Buyer”).

MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • October 28th, 2011 • Codexis Inc • Industrial organic chemicals

THIS MANUFACTURE AND SUPPLY AGREEMENT (this “Agreement”), effective as of May 16, 2011 (the “Effective Date”), is made and entered into by and between Codexis, Inc., a Delaware corporation, having a place of business at 200 Penobscot Drive, Redwood City, California 94063, USA (“Codexis”), and Lactosan GmbH & Co. KG, a corporation organized and existing under the laws of Austria, having a place of business at Industriestrasse West 5, A-8605 Kapfenberg, Austria (“Company”). Codexis and Company each may be referred to herein individually as a “Party,” or collectively as the “Parties.”

MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • February 2nd, 2011 • Sagent Holding Co. • Pharmaceutical preparations • New Jersey

This Manufacture and Supply Agreement (this “Agreement”) is made and entered into as of December 17, 2007 (the “Effective Date”) by and among A.C.S. Dobfar S.p.a., an Italian corporation, having its principal place of business at Viale Addetta, 4/12 Tribiano 20067 Milan Italy (“DOBFAR” or “SUPPLIER”), WorldGen LLC, a New Jersey Limited Liability Company, having its principal place of business at 120 Route 17 North P.O. Box 1579 Paramus, NJ 07653 USA (“WORLDGEN”), and SAGENT PHARMACEUTICALS, INC., a Wyoming corporation, having its principal place of business at 1901 N. Roselle Road, Schaumburg, IL 60195 (“SAGENT”).

AMENDMENT TO MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • February 21st, 2024 • Theratechnologies Inc. • Pharmaceutical preparations

WHEREAS Purchaser and Supplier signed a Manufacture and Supply Agreement dated as of December 23, 2009, as amended from time to time (the “MSA”);

RECITALS
Manufacture and Supply Agreement • April 5th, 2000 • Ista Pharmaceuticals Inc • California
CLINICAL MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • November 13th, 2000 • Neorx Corp • In vitro & in vivo diagnostic substances

THIS AGREEMENT (the "Agreement") is entered into on September 1, 2000 by and between ABC Laboratories, Inc., of Columbia, Missouri ("ABC") and NeoRx Corporation, of Seattle, Washington ("NeoRx").

BNP ASSAY DEVELOPMENT, MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • March 16th, 2006 • Biosite Inc • In vitro & in vivo diagnostic substances • California

THIS BNP ASSAY DEVELOPMENT, MANUFACTURE AND SUPPLY AGREEMENT (this “Agreement”) effective as of June 24, 2003 (the “Effective Date”), is entered into by and between BIOSITE INCORPORATED, a Delaware corporation (“Biosite”), having a place of business at 11030 Roselle Street, Suite D, San Diego, California 92121, and BECKMAN COULTER, INC., a Delaware corporation (“Beckman”), having a place of business at 4300 N. Harbor Boulevard, Fullerton, California 92834-3100.

MANUFACTURE AND SUPPLY AGREEMENT by and between BUTTERFLY NETWORK, INC. and BENCHMARK ELECTRONICS, INC.
Manufacture and Supply Agreement • November 27th, 2020 • Longview Acquisition Corp. • Blank checks • New York

This Manufacture and Supply Agreement (this “Agreement”), effective as of October 1, 2015 (the “Effective Date”), is by and between BUTTERFLY NETWORK, INC., a Delaware corporation having a place of business at 530 Old Whitfield Street, Guilford, Connecticut 06437 (“Butterfly”), and BENCHMARK ELECTRONICS, INC., a corporation organized under the laws of the State of Texas USA having a place of business at 100 Innovative Way, Nashua, NH 03062 (“Manufacturer”). Butterfly and Manufacturer may be referred to individually as a “Party” and collectively as the “Parties.”

FOURTH AMENDED AND RESTATED MEMBRANE MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • April 22nd, 2011 • Entegris Inc • Plastics products, nec • Massachusetts

This Fourth Amended and Restated Membrane Manufacture and Supply Agreement (this “Agreement”) is entered into effective as of January 10, 2011 (the “Effective Date”), between Millipore Corporation (“Millipore”), a Massachusetts corporation with its principal place of business at 290 Concord Road, Billerica, MA 01821, and Entegris, Inc. (“Entegris”), a Delaware corporation with its principal place of business at 3500 Lyman Boulevard, Chaska, MN 55318.

FIRST AMENDMENT AND WAIVER MANUFACTURE AND SUPPLY AGREEMENT EFFECTIVE FEBRUARY 13, 2006
Manufacture and Supply Agreement • May 4th, 2006 • Vivus Inc • Surgical & medical instruments & apparatus

This first amendment and waiver (the “Amendment and Waiver”) to the Manufacture and Supply Agreement dated December 22, 2003 (the “Original Agreement”), by and between VIVUS, Inc., having a principal place of business at 1172 Castro Street, Mountain View, California 94040, United States of America (“VIVUS”), and NeraPharm spol., s.r.o., having a place of business at Ulice Prace 657, 277 11 Neratovice, Czech Republic (“NeraPharm”) (each, a “Party” and collectively, the “Parties”).

AMENDMENT No. 2 TO MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • March 7th, 2024 • Savara Inc • Pharmaceutical preparations

This Amendment No. 2 to the Manufacture and Supply Agreement (“Amendment No. 2”), dated December 13, 2023 (“Effective Date”), is entered into by and between Savara ApS, a Denmark private limited company having registered offices at c/o Lundgrens Advokatpartnerselskab, Tuborg Boulevard 12, 2900 Hellerup, Denmark (“Savara”) and GEMABIOTECH SAU, a corporation organized under the laws of Argentina, having registered offices at Fray Justo Sarmiento 2350 Edificio 2B Piso 5, Olivos, Province of Buenos Aires, Argentina (“GEMA”) (each referred herein by name, or individually, as a “Party” or collectively, as the “Parties”).

MANUFACTURE AND SUPPLY AGREEMENT dated December 20, 2002
Manufacture and Supply Agreement • March 31st, 2003 • Genta Inc De/ • Biological products, (no disgnostic substances) • New York
AMENDMENT NO. 1 TO MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • May 10th, 2012 • Codexis Inc • Industrial organic chemicals

This Amendment No. 1 (“Amendment”) is entered into as of March 9, 2012 (the “Amendment Effective Date”) by and between Codexis, Inc., a Delaware corporation with a principal place of business at 200 Penobscot Dr., Redwood City, CA 94063, and its affiliates (“Codexis”) and Lactosan GmbH & Co. KG, a corporation organized and existing under the laws of Austria with a place of business at Industriestrasse West 5, A-8605, Kapfenberg, Austria (“Company”).

CONFIDENTIAL TREATMENT REQUESTED. CERTAIN PORTIONS OF THIS AGREEMENT HAVE BEEN REDACTED AND SEPARATELY FILE WITH THE COMMISSION.]
Manufacture and Supply Agreement • May 3rd, 2004 • Xenogen Corp • Services-commercial physical & biological research • Arizona

This agreement is made on April 9th, 2003 (the “Effective Date”), between Spectral Instruments, Inc., an Arizona corporation with offices located at 420 N Bonita Avenue, Tucson, Arizona 85745 (the “Seller”), and Xenogen Corporation, a Delaware corporation, with offices located at 860 Atlantic Avenue, Alameda, CA 94501 (the “Buyer”) (each a “Party,” and collectively, the “Parties”).

AMENDED AND RESTATED MEMBRANE MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • February 9th, 2006 • Entegris Inc • Plastics products, nec • Massachusetts

This Amended and Restated Membrane Manufacture and Supply Agreement (this “Agreement”) is entered into effective as of November 30, 2005 (the “Effective Date”), between Millipore Corporation (“Millipore”), a Massachusetts corporation with its principal place of business at 290 Concord Road, Billerica, MA 01821, and Entegris, Inc. (“Entegris”), a Delaware corporation with its principal place of business at 3500 Lyman Boulevard, Chaska, MN 55318.

MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • November 27th, 2007 • Vermillion, Inc. • Laboratory analytical instruments • California

THIS MANUFACTURE AND SUPPLY AGREEMENT (the “Agreement”), dated November 13, 2006, is between BIO-RAD LABORATORIES, INC., a Delaware corporation with offices at 1000 Alfred Nobel Drive, Hercules, California 94547 (“BIO-RAD”) and CIPHERGEN BIOSYSTEMS, INC., a Delaware corporation with offices at 6611 Dumbarton Circle, Fremont, California 94555 (“CIPHERGEN”).

CERTAIN INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED. MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • May 10th, 2022 • Lannett Co Inc • Pharmaceutical preparations • Delaware

THIS MANUFACTURE AND SUPPLY AGREEMENT (this “Agreement”) is made this 3rd day of March, 2022, by and between CHARTWELL PHARMACEUTICALS CARMEL, LLC, a New York limited liability company, having an address of 77 Brenner Drive, Congers, NY 10920 (“Chartwell”), CHARTWELL PHARMACEUTICALS LLC, a Delaware limited liability company (“Chartwell Pharmaceuticals”), and LANNETT COMPANY, INC. and/or its Affiliates (as defined below), a Delaware corporation having an address of 1150 Northbrook Drive, Suite 155, Trevose, PA 19053, USA (“Lannett”). Lannett and Chartwell are separately referred to as “Party” or jointly as “Parties.”

First Amendment to the Manufacture and Supply Agreement dated December 16, 2013
Manufacture and Supply Agreement • November 3rd, 2015 • Acelrx Pharmaceuticals Inc • Pharmaceutical preparations

This First Amendment to Manufacture and Supply Agreement (this “Amendment”) entered into as of 17 July, 2015 (the “Effective Date”) between AcelRx Pharmaceuticals, Inc., a company organized under the laws of the State of Delaware, United States (“AcelRx”), and having a principal place of business at 351 Galveston Drive, Redwood City, CA 94063, United States, and Grünenthal GmbH, a company organized under the laws of Germany (“Grünenthal”), having its registered office at Zieglerstrasse 6, 52078 Aachen, Germany.

MANUFACTURE AND SUPPLY AGREEMENT by and between HYPERFINE RESEARCH, INC. and BENCHMARK ELECTRONICS, INC.
Manufacture and Supply Agreement • August 30th, 2021 • HealthCor Catalio Acquisition Corp. • X-ray apparatus & tubes & related irradiation apparatus • New York

This Manufacture and Supply Agreement (this “Agreement”), effective as of October 15, 2018 (the “Effective Date”), is by and between HYPERFINE RESEARCH, INC., a Delaware corporation having a place of business at 530 Old Whitfield Street, Guilford, Connecticut 06437, for itself and its Affiliates (“Hyperfine”), and BENCHMARK ELECTRONICS, INC., a corporation organized under the laws of the State of Texas USA having a place of business at 100 Innovative Way, Nashua, NH 03062 (“Manufacturer”). Hyperfine and Manufacturer may be referred to individually as a “Party” and collectively as the “Parties.”

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MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • March 12th, 2018 • Helius Medical Technologies, Inc. • Electromedical & electrotherapeutic apparatus • Delaware

This Manufacturing Agreement ("Agreement"), is entered into as of December 29, 2017 ("Effective Date") between KEY TRONIC CORPORATION, a Washington corporation, having its principal place of business at N. 4424 Sullivan Road, Spokane Valley, Washington 99216 ("Supplier") and NeuroHabilitation Corp., a Delaware corporation having its principal place of business at 642 Newtown Yardley Road, Suite 100, Newtown, PA 18940 ("Buyer").

CERTAIN INFORMATION IDENTIFIED BY “[***]” HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • February 27th, 2024 • SI-BONE, Inc. • Surgical & medical instruments & apparatus • New York

THIS MANUFACTURE AND SUPPLY AGREEMENT (“Agreement”) is entered into as of February 23, 2024 (the “Effective Date”), between SI-BONE, INC., a Delaware corporation having an address of 471 El Camino Real, Suite 101, Santa Clara, CA 95050 (“Company”) and RMS COMPANY, a Minnesota corporation having an address of 8600 Evergreen Boulevard, Coon Rapids, MN 55433 (“Supplier”).

Amended and Restated Manufacture and Supply Agreement
Manufacture and Supply Agreement • July 24th, 2014 • Innocoll AG • Pharmaceutical preparations • Pennsylvania

Confidential Materials omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment under Rule 406 under the Securities Act of 1933, as amended. Confidential portions are marked: [ *** ]

Manufacture and Supply Agreement
Manufacture and Supply Agreement • November 7th, 2018 • Aerie Pharmaceuticals Inc • Biological products, (no disgnostic substances) • Delaware

This Manufacture and Supply Agreement (the “Agreement”) is entered into and made effective as of this 1st day of January 2018 (the “Effective Date”), by and between:

MANUFACTURE AND SUPPLY AGREEMENT Between BIOVECTRA INC. And KERYX BIOPHARMACEUTICALS, INC.
Manufacture and Supply Agreement • March 26th, 2019 • Akebia Therapeutics, Inc. • Pharmaceutical preparations

This manufacture and supply agreement (“Agreement”) is made and entered into on May 26, 2017 by and between BioVectra Inc., with its registered offices at 11 Aviation Avenue, Charlottetown, PEI, C1E 0A1, Canada (“BioVectra”) and Keryx Biopharmaceuticals, Inc., with its offices at One Marina Park Drive, 12th floor, Boston, Massachusetts, USA, 02210 (“Keryx”).

Amended and Restated MANUFACTURE AND SUPPLY AGREEMENT BETWEEN WARNER-LAMBERT CANADA INC. AND DRAXIS PHARMA INC. DATED AS OF JULY 1, 1999
Manufacture and Supply Agreement • March 31st, 2005 • Draxis Health Inc /Cn/ • Pharmaceutical preparations • Ontario

MANUFACTURE AND SUPPLY AGREEMENT dated as of July 1, 1999, by and between WARNER-LAMBERT CANADA INC. (“Warner”), a corporation duly organized and incorporated under the laws of the province of Ontario having its principal office located at 2200 Eglinton Avenue East, Scarborough, Ontario, Canada, M1L 2N3, and DRAXIS PHARMA INC. (the “Manufacturer”), a corporation incorporated under the laws of Canada, and having its principal office located at 16751 Trans Canada Highway, Kirkland, Quebec, H9H 4J4.

AMENDMENT NO. 1 TO MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • November 27th, 2020 • Longview Acquisition Corp. • Blank checks

This Amendment No. 1 to Manufacture and Supply Agreement (this “Amendment”) is entered into effective as of August 2, 2019 (the “Amendment Effective Date”) by and between BUTTERFLY NETWORK, INC., a Delaware corporation (“Butterfly”) and BENCHMARK ELECTRONICS, INC., a Texas corporation and BENCHMARK ELECTRONICS (THAILAND) PCL, a Thailand public limited company (“Manufacturer”), to amend the Manufacture and Supply Agreement between Butterfly and Manufacturer effective as of October 1, 2015 (the “Agreement”). Butterfly and Manufacturer are each a “Party” and collectively the “Parties”. The capitalized terms herein shall have the meaning ascribed to them in the Agreement unless stated otherwise.

AMENDMENT No. 1 TO MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • March 30th, 2023 • Savara Inc • Pharmaceutical preparations

This Amendment No. 1 to the Manufacture and Supply Agreement (“Amendment No. 1”), dated December 7, 2022 (“Effective Date”), is entered into by and between Savara ApS, a Denmark private limited company having a principal place of business at c/o Lundgrens Advokatpartnerselskab, Tuborg Boulevard 12, 2900 Hellerup, Denmark (“Savara”) and GEMABIOTECH SAU, a corporation organized under the laws of Argentina, having a principal place of business at Avenida del Libertador 2740, Olivos, Province of Buenos Aires, Argentina (“GEMA”) (each referred herein by name, or individually, as a “Party” or collectively, as the “Parties”).

MANUFACTURE AND SUPPLY AGREEMENT by and between HYPERFINE RESEARCH, INC. and BENCHMARK ELECTRONICS, INC.
Manufacture and Supply Agreement • July 19th, 2021 • HealthCor Catalio Acquisition Corp. • Blank checks • New York

[***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.

MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • July 10th, 2013 • Enzymotec Ltd. • Medicinal chemicals & botanical products

This Manufacture and Supply Agreement is made and entered into as of the 15 day of February, 2009 (the "Effective Date"), by and between Enzymotec Ltd., an Israeli company (“Enzymotec”) and PUNJAB Chemicals and Corp Protection Ltd., an Indian company (“Manufacturer”). Enzymotec and Manufacturer are sometimes herein referred to individually as a “party” and collectively the “parties”.

MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • November 13th, 2015 • Jaguar Animal Health, Inc. • Pharmaceutical preparations • New York

This MANUFACTURE AND SUPPLY AGREEMENT (“Agreement”) is entered into as of the date of the last signature below (the “Effective Date”) between:

MANUFACTURE AND SUPPLY AGREEMENT
Manufacture and Supply Agreement • March 9th, 2010 • Alexza Pharmaceuticals Inc. • Pharmaceutical preparations

This MANUFACTURE AND SUPPLY AGREEMENT (“Agreement”) is made and effective as of February 9, 2010 (the “Effective Date”) by and between Alexza Pharmaceuticals, Inc., a Delaware corporation having a place of business at 2091 Stierlin Court, Mountain View, CA 94043 (“Alexza”), and Biovail Laboratories International SRL, a Barbados society with restricted liability having its registered office at Welches, Christ Church, Barbados, WI, BB17154 (“BLS”). Alexza and BLS may be referred to herein from time to time individually as a “Party,” and collectively as the “Parties”.

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