Amendment No. 4 to Clinical and Commercial Supply Agreement Viral Vector Product by and between bluebird bio (Switzerland) GmbH and SAFC Carlsbad, Inc

Contract Categories: Business Operations - Supply Agreements
EX-10.1 2 blue-20220630xex101.htm EX-10.1 Document

Exhibit 10.1
Amendment No. 4
Clinical and Commercial Supply Agreement
Viral Vector Product
This Amendment No. 4 to the Clinical and Commercial Supply Agreement-Viral Vector Product (the “Amendment”) is made effective as of the date of last signature below, (“Amendment Effective Date”) by and between bluebird bio (Switzerland) GmbH (“Company”), and SAFC Carlsbad, Inc., a California corporation (“SAFC”). Company and SAFC may hereinafter be referred to as a Party or as the Parties. Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Agreement.
WHEREAS, Company and SAFC are parties to that certain Clinical and Commercial Supply Agreement- Viral Vector Product, as amended, dated November 27, 2017, and having an Effective Date of January 1, 2018 (the “Agreement”);
WHEREAS, the Parties wish to amend, modify, and clarify their respective obligations for performance, manufacture, forecasting, minimum batch requirements, payments, and other related business requirements during the mutually agreed upon Capacity Term (as defined hereinafter); and
WHEREAS, the Parties agree that the intent of this Amendment and the Amendment Effective Date is to extend the Term (as defined in the Agreement, as amended) and the terms and conditions of the Agreement continuously and apply to any and all Services ordered or performed between December 31, 2021 and the Amendment Effective Date.
WHEREAS, the Parties desire to mutually amend, modify, or delete certain terms and conditions of the Agreement as more particularly described herein and in Appendix A entitled Task Order #52.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the amount and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1.    Section 10.1 Term of the Agreement is hereby deleted and replaced in its entirety as follows:
“10.1 Term. The Term of this Agreement shall commence on the Effective Date and shall expire on December 31, 2022.”
2.    This Amendment, together with the Agreement, constitutes the final, complete and exclusive agreement between the Parties pertaining to its subject matter and supersedes any and all prior and contemporaneous understandings or agreements of the parties with respect thereto.
3.    This Amendment may be executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single instrument. Delivery of an executed counterpart of a signature page to this Amendment by telecopier or other electronic means (e.g., via PDF) shall be effective delivery of a manually executed counterpart of this Amendment.
4.    Except as provided herein, all terms and conditions of the Agreement shall remain the same and are in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have each caused this Amendment to be executed by their duly authorized representatives as of the Amendment Effective Date above.

SAFC CARLSBAD, INC.bluebird bio (Switzerland) GmbH
/s/ Lisa Freeman-Cook 01-Apr-2022
/s/ Jason Cole 30-Mar-2022
Name:Lisa Freeman-CookName:Jason Cole
Title:Interim Site HeadTitle:Director