Third Amendment to API Supply Agreement, dated November 11, 2022, by and between Nabriva Therapeutics Ireland Designated Activity Company and Hovione Limited

As of the Amendment Effective Date include the following definitions to Section 1 of the Agreement:

As of the Amendment Effective Date delete Section 3.1 of the Agreement in its entirety and replace with the following:

As of the Amendment Effective Date include the following as Section 6.12 of the Agreement (Non-Exclusive Territory Royalty):

In addition to any other payments that may be due from Nabriva to Hovione in accordance with this Agreement, including the first amendment of 4^th August, 2021 and second amendment of 5^th August, 2021, on a calendar quarterly basis, Nabriva shall pay Hovione royalties equal to 2% of the Net Sales on a pass-through basis received from each licensee in each Non-Exclusive Territory for commercial product of Xenleta® manufactured with API obtained from a third party (or any finished commercial product containing API obtained from a third party) in such Non-Exclusive Territory during the Initial Term (“Non-Exclusive Territory Royalty”).

On a calendar quarterly basis, on or before the 15^th of the first month of the next quarter, Nabriva shall notify Hovione of the Net Sales for commercial product of Xenleta® manufactured using API obtained from a third party (or any finished commercial product containing API obtained from a third party) in the Non-Exclusive Territory. Hovione shall invoice Nabriva for the Non-Exclusive Territory Royalty and Nabriva shall pay Hovione such amounts owed in accordance with the terms and conditions of Section 6.9 of the Agreement. For the avoidance of doubt, Net Sales not received timely from its licensee(s) can be included in the notification in the next quarter, once received.

Upon at least sixty (60) days’ prior written notice to Nabriva and during Nabriva’s normal business hours and for no longer than two (2) business days in duration, allow Hovione and/or an independent third-party auditor appointed by Hovione (who are subject to confidentiality obligations no less restrictive than those set forth in the Agreement) to inspect (and upon request, Nabriva will supply copies of) reasonably needed relevant records and/or financial data reasonably sufficient to demonstrate the Net Sales for commercial product of Xenleta® manufactured using API obtained from a third party (or any finished commercial product containing API obtained from a third party) in the Non-Exclusive Territory during the Initial Term. Any information observed by Hovione and/or its appointed third-party auditor during such audits will be construed as the Confidential Information of Nabriva and maintained as confidential pursuant to Section IV of the Agreement.”

Nabriva and Hovione each hereby confirm and ratify, except for the sections of the Agreement specifically amended hereunder, all terms, conditions, and provisions of the Agreement, which remain and shall remain in full force and effect as of the Effective Date. This Amendment shall hereafter be incorporated into and deemed part of the Agreement and any future reference to the Agreement shall include the terms and conditions of this Amendment.

This Amendment shall be governed by, and construed in accordance with, the laws which govern the Agreement, and the Parties submit to the jurisdiction and dispute resolution provisions as set forth in the Agreement.