Assignment and Consent Agreement between Par Pharmaceutical, Inc., Biocon Limited, and Optimer Pharmaceuticals, Inc.
Par Pharmaceutical, Inc. and Biocon Limited, parties to a Supply Agreement and related agreements, agree that Par may assign all its rights and obligations under these agreements to Optimer Pharmaceuticals, Inc. Biocon consents to this assignment by countersigning the letter. The agreement ensures that Optimer will assume Par's role in the existing contracts, with Biocon's formal approval.
Exhibit 10.4
| ***Text Omitted and Filed Separately | |
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| CONFIDENTIAL TREATMENT REQUESTED |
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| Under 17 C.F.R. §§ 200.80(b)(4) and 240.24b-2 |
January 16, 2007
VIA EXPRESS MAIL AND FACSIMILE:
Biocon Limited
20th KM Hosur Road
Electronics City PO
Bangalore, India 560 100
Attn: Head, Legal & General Counsel
Fax: +91-80-2852-3423
Re: Assignment of Agreements
Dear Rakesh:
As you are aware, Par Pharmaceutical, Inc. (“Par”) and Biocon Limited (“Biocon”) are parties to a certain Supply Agreement entered into on August 29, 2005 (the “Supply Agreement”) related to the supply of quantities of tiacurnicin [***]. In addition to and in connection with the Supply Agreement, Par and Biocon have also entered into a Material Transfer Agreement and a Quality Agreement (collectively with the Supply Agreement, the “Agreements”). As we have discussed, Par would like confirmation of Biocon’s agreement that Par may assign the Agreements and all of Par’s rights and obligation under the Agreements to Optimer Pharmaceuticals, Inc. (“Optimer”).
Please indicate Biocon’s consent to the Assignment by counter-signing below and returning a copy of this letter to me by facsimile.
| Sincerely, | ||
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| /s/ Paul Campanelli |
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| Paul Campanelli | |
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| E. V. P. Business Development & Licensing | |
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| Par Pharmaceutical, Inc. | |
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| January 17, 2007 | |
ACKNOWLEDGED AND AGREED:
| /s/ Rakesh Bamzai |
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| Mr. Rakesh Bamzai | |
| President – Group Marketing | |
| January 16, 2007 | |
| Biocon Limited | |
