0001104659-11-043698 Sample Contracts

FIRST AMENDMENT TO LEASE
Agreement • August 4th, 2011 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations
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AMENDMENT AGREEMENT to the Collaboration and License Agreement, dated February 2, 2011 and the Supply Agreement, dated February 2, 2011
Amendment Agreement • August 4th, 2011 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations

WHEREAS, Optimer and Partner executed a Collaboration and License Agreement, dated February 2, 2011, for Products (as defined therein) (hereinafter referred to as the “Collaboration and License Agreement”) and also a Supply Agreement, dated February 2, 2011, for Product (as defined therein) (hereinafter referred to as the “Supply Agreement”) (for the purpose of this Amendment Agreement, the Collaboration and License Agreement and the Supply Agreement are referred to together as the “Agreements”); and

Manufacturing Services Agreement June 1, 2011
Manufacturing Services Agreement • August 4th, 2011 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS AGREEMENT WITNESSES THAT in consideration of the rights conferred and the obligations assumed herein, and for other good and valuable consideration (the receipt and sufficiency of which are acknowledged by each party), and intending to be legally bound the parties agree as follows:

CO-PROMOTION AGREEMENT by and between CUBIST PHARMACEUTICALS, INC. and OPTIMER PHARMACEUTICALS, INC. Dated as of April 5, 2011
Co-Promotion Agreement • August 4th, 2011 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • New York

This Co-Promotion Agreement (the “Agreement”) is entered into as of April 5, 2011 (the “Effective Date”), by and between Cubist Pharmaceuticals, Inc., a Delaware corporation (“Cubist”) and Optimer Pharmaceuticals, Inc., a Delaware corporation (“Optimer”). Cubist and Optimer are each referred to in this Agreement as a “Party” and collectively as the “Parties.”

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