First Amendment to Manufacturing and Supply Agreement between Cubist Pharmaceuticals Inc. and ACS Dobfar
Cubist Pharmaceuticals Inc. and ACS Dobfar have amended their existing Manufacturing and Supply Agreement. The amendment, effective May 8, 2002, changes the process for purchase forecasts. Cubist must now provide ACS Dobfar with quarterly rolling forecasts for product orders, covering the next four quarters. Cubist is required to purchase at least 80% of the forecasted amount for the first quarter of each forecast, with a binding purchase order. Forecasts for the remaining three quarters are non-binding.
EXHIBIT 10.12
First Amendment
to “Manufacturing and Supply Agreement”
This First Amendment is dated May 8, 2002, and is made between Cubist Pharmaceuticals Inc (“Cubist”), and ACS Dobfar (“ACSD”), who are parties to a Manufacturing and Supply Agreement, dated September 30, 2001 (the “Agreement”);
Cubist and ACSD hereby agree that Section 5.3 (“Purchase Forecasts”) of the Agreement shall be removed in its entirety and shall be replaced with the following:
5.3 Purchase Forecasts
Initially within thirty (30) days following NDA Approval of Product, and continuing for the remaining duration of the Agreement, Cubist shall provide to ACSD, within the first fifteen (15) business days of each quarter, on a quarterly basis, a rolling forecast for orders of Product with respect to the four (4) quarters following the then current quarter (Purchase Forecast). Cubist shall be obligated to purchase at least eighty percent (80%) of the amount of Product forecast for the first quarter of any Purchase Forecast, and shall execute a binding purchase order to that effect. The forecast for the remaining three (3) quarters of any Purchase Forecast shall be non-binding.
| Cubist Pharmaceuticals, Inc. |
| ACS Dobfar | ||||||
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| By: | /s/ Christopher Guiffre |
| By: | /s/ Falciani Marco | ||||
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| Name: | Christopher Guiffre |
| Name: | Falciani Marco | ||||
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| Title: | General Counsel |
| Title: | The President | ||||
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| Date: | May 8, 2002 |
| Date: | May 21, 2002 | ||||
