Exhibit 10.27
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY
ASTERISKS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND
EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933,
AS AMENDED.
PLASMA SUPPLY AGREEMENT
THIS AGREEMENT dated as of October 22, 2002 is made by Inhibitex, Inc.,
a Delaware corporation ("Inhibitex"), having its principal office at 0000
Xxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxxxxxx 00000 and DCI Management Group, Inc. a New
Mexico corporation ("Supplier"), having its principal office at 000-00 00xx
Xxxxxx, Xxxxxx Xxxxxxx, XX 00000.
W I T N E S S E T H :
WHEREAS, Inhibitex is engaged in the development of Veronate(TM)
(formerly referred to as INH-A21 or SE/A IGIV), a human Staphyloccocus immune
globulin (the "Product"); and
WHEREAS, the development of the Product requires quantities of Plasma
(as defined below) with acceptable titers of antibodies against Staphyloccocus
aureus ("S. aureus") and Staphyloccocus epidermidis ("S. epidermidis"); and
WHEREAS, Inhibitex desires to purchase such Plasma from Supplier, and
Supplier, directly or through its affiliates or third-party contractors, desires
to supply such Plasma to Inhibitex, on the terms and subject to the conditions
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth herein, the parties hereto agree as follows:
1. Purchase and Sale.
(a) Inhibitex agrees to purchase from Supplier, and
Supplier agrees to supply to Inhibitex, Plasma (as defined below) on the terms
and subject to the conditions set forth herein. For purposes of this Agreement,
"Plasma" means "Source Plasma" as defined by the regulations of the Center for
Biologics Evaluation and Review of the Food and Drug Administration ("FDA")
and/or other applicable international, state or local authorities now or
hereafter in effect (the "Regulations"), that meets the product specifications
as set forth on Exhibit A, as the same may be amended from time to time (the
"Specifications"), and has levels of both S. aureus and S. epidermidis
antibodies satisfactory to Inhibitex in its sole discretion.
(b) Throughout the Term (as defined below) of this
Agreement, no later than ninety (90) days prior to the beginning of each
calendar year, Inhibitex and Supplier shall agree, based upon the
then-prevailing incidence of titers of S. aureus and S. epidermidis then
acceptable to Inhibitex, on the quantity of Plasma to be purchased by Inhibitex
from Supplier in the coming calendar year (the "Annual Quantity"); provided
however that in no event will the Annual Quantity with respect to any year be
less than the least of (i) the Estimated Quantity (as defined below) with
respect to such year, (ii) the actual quantity purchased from the Supplier in
the previous year and (iii) commencing with quantities for 2006, [ *** ]% of the
estimated quantity of Plasma required by Inhibitex for the production of Product
from all Plasma suppliers in such year. Once agreed to, each Annual Quantity may
be adjusted only by the mutual consent of the parties. Supplier acknowledges
that it may not be Inhibitex's sole supplier of Plasma during the Term of this
Agreement.
(c) The following table sets forth the quantity of Plasma
that Inhibitex estimates, in good faith and based upon the facts and
circumstances as of the date of this Agreement, that it will purchase from
Supplier in each calendar year, beginning in 2003, of the Term ("Estimated
Quantities"). These Estimated Quantities are provided for planning purposes only
and, except as provided in Section 10(f), are not binding on either party.
Year Estimated Quantity
(Liters)
[ *** ]
In any calendar year, Inhibitex shall be obligated to purchase at the Purchase
Price (as defined below) then in effect, and Supplier shall be obligated to
supply, an amount of Plasma equal to 90% of that year's Annual Quantity. If, in
any calendar year, Supplier is able to supply an amount of Plasma greater than
90% of that year's Annual Quantity ("Excess Plasma"), Inhibitex shall be
entitled, but not obligated, to purchase such Excess Plasma at the Purchase
Price then in effect. Supplier shall be entitled to sell, as normal source
plasma to any party who is then a customer of Supplier, any Excess Plasma
offered to but not purchased by Inhibitex. Notwithstanding the foregoing,
provided that each party is acting in good faith and using reasonable commercial
efforts hereunder, the failure of Supplier to supply, and the failure of
Inhibitex to purchase, 90% of any year's Annual Quantity shall be deemed not to
constitute a breach of this Agreement if such failure is due to any material
change in Inhibitex's minimum titer requirements or the prevailing incidence of
Qualified Donors (as hereinafter defined) with titers acceptable to Inhibitex.
(d) From the date hereof through December 31, 2002,
Inhibitex shall pay for Plasma purchased hereunder at the rate of [ *** ] per
liter (the "Purchase Price"). For the calendar year 2003, the Purchase Price
will be increased to [ *** ] per liter. Thereafter, throughout the Term, the
Purchase Price shall be adjusted (i) annually from the Purchase Price then in
effect in proportion to the percentage change in the Consumer Price Index (All
Urban Consumers CPI-U/ United States City Average/ All Items Indexed); and, (ii)
by a one time adjustment, applicable only for the year 2007 as the parties shall
mutually agree, however, such adjustment shall not increase or decrease the
Purchase Price then in effect by more than 10%. Additionally, the Purchase Price
shall be adjusted from time to time if Inhibitex and Supplier mutually agree to
increase or decrease the donor fees paid to Acceptable Donors (as defined
below). The Purchase Price payable with respect to any Plasma purchased by
Inhibitex hereunder shall be the Purchase Price in effect as of the date of its
collection by Supplier, not the date of shipment by Supplier.
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(e) The parties agree to negotiate in good faith any
adjustments in the Purchase Price resulting from a material change in costs
occasioned by any mandatory changes in Regulations or industry accepted
practices as recommended by the Plasma Protein Therapeutic Association (PPTA)
("PPTA Standards"). Additionally, Inhibitex may, from time to time, request that
Supplier make other changes in its plasma collection procedures that are not the
result of changes in Regulations or PPTA Standards. Inhibitex must submit
requests for such changes in writing to Supplier. Supplier shall not
unreasonably withhold its consent to any such changes. Any such Inhibitex
requested change(s) that result in increased or decreased costs to Supplier
shall be reflected in an adjusted Purchase Price, to be mutually agreed upon in
good faith.
2. Shipping/ Payment. All shipments of Plasma shall be made
F.O.B. Inhibitex's designated storage or manufacturing facility in accordance
with the shipping specifications set forth in Exhibit B, as the same may be
amended from time to time. The Purchase Price is inclusive of transportation and
shipping costs (including, but not limited to, packaging and shipping materials)
to Inhibitex's designated storage or manufacturing facility in the continental
United States and all other costs incurred by Supplier in the performance of its
obligations under Sections 3 and 4 below. Risk of loss for the Plasma shall pass
to Inhibitex upon delivery to Inhibitex's designated storage or manufacturing
facility. Inhibitex shall pay the Purchase Price for all Plasma delivered to
Inhibitex within 45 days of invoice.
3. Acceptable Donors. All Plasma shipped by Supplier pursuant to
this Agreement shall have been collected only from Qualified Donors (as defined
under PPTA Standards) whose Plasma has been collected from a collection
facility, which at the time of collection is listed on Exhibit C (as such
Exhibit C may be amended from time to time as provided herein) and, in the sole
determination of Inhibitex, has titers of antibodies against S. aureus and S.
epidermidis at levels acceptable for production of the Product ("Acceptable
Donors"). Supplier may not add additional collection facilities to Exhibit C or
otherwise amend Exhibit C without the consent of Inhibitex, which consent shall
not be unreasonably withheld. Collection facilities listed on Exhibit C shall be
referred to herein as an Approved Collection Facility, or collectively as
"Approved Collection Facilities". In order to enable Inhibitex to identify
Acceptable Donors, and at no additional charge to Inhibitex, Supplier shall
provide Inhibitex with samples of plasma, in amounts and at times to be mutually
agreed to by the parties, from all Qualified Donors at Approved Collection
Facilities from which Supplier may acquire Plasma in the performance of its
obligations under this Agreement, Supplier agrees to provide Inhibitex with such
plasma samples prior to providing them to any other purchaser of plasma. Once
Inhibitex has identified a donor as an Acceptable Donor and notified Supplier in
writing of such designation, Inhibitex agrees to purchase, subject to the
limitation set forth in Section 1(c), all Plasma donated from the Acceptable
Donor until it further notifies Supplier that the donor is no longer an
Acceptable Donor. Inhibitex may, with forty-eight (48) hours written notice,
terminate Acceptable Donor status for any donor at any time at its sole
discretion. Except as provided in Section 1(c), Supplier shall not sell any
Plasma collected from an Acceptable Donor to any person other than Inhibitex,
unless authorized to do so by Inhibitex. Inhibitex agrees that, upon the
termination of this Agreement by Supplier pursuant to Section 10(b) below,
Inhibitex shall not for a period of two years after such termination solicit
plasma from any third party collection facility from which Supplier was
obtaining Plasma supplied to Inhibitex pursuant to this Agreement at the time of
the termination thereof.
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4. Testing.
(a) Supplier shall be responsible for assuring that each
unit, or donation of Plasma, shipped to and purchased by Inhibitex pursuant to
this Agreement has been subjected to and tested negative for all FDA required
viral marker tests as may be required by the FDA from time to time, including,
but not limited to, tests for the presence of Hepatitis B Surface Antigen,
Antibody to Hepatitis C Virus, Alanine Aminotransferase, Human Immunodeficiency
Virus Type 1 p24 Antigen, and Antibody to Human Immunodeficiency Virus Types 1
and 2, as well as Serum Protein Electrophoresis, Total Protein and Rapid Protein
Xxxxxx tests. All donors found to be reactive or positive to FDA required
test(s) will be permanently excluded as Acceptable Donors. Inhibitex shall be
notified immediately if an Acceptable Donor has tested positive to any FDA
required tests. The Purchase Price shall be inclusive of the costs of testing
under this Section 4.
(b) Changes in the above testing requirements may be
necessary to reflect changes in Regulations, PPTA Standards, Inhibitex's
standard operating procedures and/or the Specifications. Any such changes that
materially increase or decrease the Supplier's cost of supplying Plasma shall be
negotiated as an adjustment to the Purchase Price as set forth in Section 1(e)
5. Representations and Warranties. Supplier represents and
warrants, on its own behalf and on behalf of each Approved Collection Facility,
that:
(a) all Plasma shipped to Inhibitex hereunder shall be
collected, stored, shipped and otherwise produced in accordance all applicable
laws, Regulations, PPTA Standards and the Specifications (including, with
respect to testing, the provisions of Section 4 hereof);
(b) all Plasma shipped to Inhibitex hereunder shall, as
of the date of such shipment and delivery, not be adulterated or misbranded
within the meaning of the Federal Food, Drug and Cosmetic Act, shall be in full
compliance with the Biological Products Section of the Public Health Service
Act, and applicable laws, Regulations, PPTA Standards and the Specifications. In
the event that any Plasma is shipped to Inhibitex that is not in compliance with
said laws, Regulations, PPTA Standards or the Specifications, Supplier shall be
responsible for all losses or damages to Inhibitex to the extent of Supplier's
limit of liability as set forth in Section 6(a).
(c) each Approved Collection Facility from which Plasma
is supplied under this Agreement is and shall (i) have a valid Biologics License
and (ii) remain Quality Plasma Program ("QPP") certified by the PPTA. Supplier,
will upon reasonable request, provide Inhibitex with evidence of all licenses
and certifications. No Plasma or plasma samples shall be shipped hereunder if
said license becomes invalid, suspended or revoked for any reason; and
(d) each third party contractor used by the Supplier in
meeting its obligations under this Agreement has the requisite regulatory
approvals and licenses required of it to be in compliance with and applicable
laws, Regulations, PPTA Standards and the Specifications.
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6. Indemnification; Insurance.
(a) Supplier, and each of its affiliates now existing or
hereafter created, jointly and severally, on the one hand, and Inhibitex, on the
other hand, hereby indemnify and agree to hold harmless each other and its
respective affiliates, agents, employees, officers and directors, from and
against any and all claims, losses, liabilities, damages, attorneys' fees, costs
and expenses which may be sustained by and/or claimed against the other party by
virtue of the negligent handling or furnishing of materials or performance of
services rendered by the other party (including, in the case of Supplier, any
affiliate or third party contractor performing pursuant hereto), the willful
misconduct by the other party (including, in the case of Supplier, any affiliate
or third party contractor performing pursuant hereto), or its officers,
employees or agents or any representation, warranty or agreement contained in
this Agreement being breached, untrue or materially misleading, by omission or
otherwise. Notwithstanding the foregoing, the liability of each party to the
other under this Section shall be limited to $1.0 million per occurance.
(b) Supplier covenants and agrees that it will maintain,
at all times during the Term of this Agreement, property damage, general
liability and product liability insurance, which shall not contain any
contractual exclusion and which shall cover Supplier's, and it affiliates'
liability and indemnification obligations under this Agreement, in commercially
reasonable amounts but in any event not less than $1.0 million per occurrence
and $3.0 million in the aggregate and with an insurance company or companies
reasonable acceptable to Inhibitex. Inhibitex shall be named as an additional
insured party under such insurance. Supplier shall deliver evidence to Inhibitex
of such insurance and inclusion of Inhibitex therein as an additional insured,
at any time and from time to time during the term of this Agreement, as
Inhibitex may reasonable request.
7. Notices.
(a) Supplier shall, within twenty-four (24) hours, notify
Inhibitex, in writing, if it becomes aware that any of the representations and
warranties in Section 5 have been breached.
(b) Supplier shall, within forty-eight (48) hours of
receipt, provide to Inhibitex a copy of any communications delivered to
Supplier, an Approved Collection facility or other third party contractors, by
the PPTA, FDA or other similar federal, state, or local regulatory authority
which may, in the good-faith determination of Supplier, reasonably be expected
to have an adverse effect on the Supplier's ability to fulfill its obligations
hereunder. Supplier shall also provide Inhibitex a copy of any written response
to the issuing agency.
(c) Supplier shall notify Inhibitex in writing of any
change or replacement of the authorized representative or the person responsible
for regulatory matters at any facility where Plasma purchased under this
Agreement is collected. Said notification, with respect to replacements, shall
include the name and qualifications of such individual(s) and shall be made
within thirty 30) days of the change.
5
8. Rights of Inspection. Inhibitex, or its representatives, shall
have the right, at least once annually throughout the Term of this Agreement, to
conduct inspections and non- financial audits at all Approved Collection
Facilities supplying Plasma hereunder and the facilities of any affiliate or
third party contractor performing testing or transportation and storage services
hereunder. These rights shall include r a review of all relevant records.
9. Third Party Contractors. Supplier may use third party
contractors to perform the services contemplated in this Agreement. All third
party contractors shall be subject to the continuing approval of Inhibitex,
which approval shall not be unreasonably withheld. However, Inhibitex reserves
the right to reasonably withhold approval if a third party contractor fails to
materially comply with any applicable law, Regulation, PPTA Standard or the
Specifications or is found to be materially deficient by any audit. Supplier
shall enter into agreements with third party contractors that provide Inhibitex
rights with respect to such contractors substantially similar to its rights
under Section 7 and 8 above.
10. Term and Termination.
(a) Unless terminated earlier as provided in this Section
10, the term of the Agreement shall commence on the date hereof and terminate on
December 31, 2012 (the "Term").
(b) In addition to any other remedies, under this
Agreement or the law, either party may terminate this Agreement upon either
party's receipt of written notice in the event that either party materially
breaches any of its obligations hereunder, and fails to cure such breach, within
thirty (30) days of receiving written notice thereof from the other party.
(c) Either party may terminate this Agreement effective
immediately upon giving notice of termination, if the other party shall file a
petition in bankruptcy, shall be adjudicated as bankrupt, shall take advantage
of the insolvency laws of any state, territory or country, shall make an
assignment for benefit of creditors, shall be voluntarily or involuntarily
dissolved, or shall have a receiver, trustee or other court officer appointed
for its property.
(d) Inhibitex may terminate this Agreement upon thirty
(30) days written notice if the clinical development of the Product is halted or
terminated, whether by the FDA, a Data Safety Monitoring Board, any other
regulatory authority, or Inhibitex for any reason.
(e) Termination of this Agreement will not, subject to
Section 1(c), operate to relieve Inhibitex or Supplier from its obligations to
purchase or deliver all quantities of Plasma previously collected by Supplier
prior to Supplier's receipt notice of termination, nor will termination relieve
either party of paying any monies previously due to the other party.
(f) If this Agreement is terminated by Inhibitex pursuant
to (b) or (c) above, Supplier shall be obligated to supply, at Inhibitex's
option, at the Purchase Price that would be in effect but for such termination,
quantities of Plasma equal to the applicable Estimated Quantities for the lesser
of (i) next two full calendar years after the date of termination or (ii) the
remainder of the term of this Agreement. However, if Inhibitex terminates this
Agreement pursuant to (b) above and exercises its option to require Supplier to
continue to supply Plasma under this
6
section, Inhibitex agrees to waive its rights and remedies relative to the
specific breach of Supplier serving as the basis of the termination.
(g) Notwithstanding anything to the contrary set for
herein, the parties' obligations under Section 6, Sections 10(e) and (f) and
Sections 12(b), (e), (f), (g), (h), (i) and (l) of this Agreement shall survive
the termination of this Agreement.
11. Force Majeure. Failure of either party to perform its
obligations under this Agreement shall not subject such party to any liability
to the other party if such failure is caused by any event and/or circumstances
beyond the reasonable control of such non-performing party, including, but not
limited to, acts of God, fire, explosion, flood, drought, war, terrorism, riot,
strikes or other labor trouble, or governmental action (an "Event of Force
Majeure"). For purposes of this Agreement, governmental or regulatory action
resulting from negligence or willful misconduct will not be considered an Event
of Force Majeure. The party suffering an Event of Force Majeure shall use
reasonable efforts to perform its obligations hereunder as soon as practicable.
If such party is not able to perform all of its obligations hereunder within
ninety (90) days of the Event of Force Majeure, the other party may terminate
this agreement without liability.
12. Miscellaneous.
(a) All sales of Plasma by Supplier to Inhibitex
hereunder shall be subject to the provisions of this Agreement and shall not be
subject to the terms and conditions contained in any purchase order of Inhibitex
or confirmation of Supplier except insofar as any such purchase order or
confirmation establishes the quantity of Plasma ordered or sold thereunder and
the delivery date and carrier thereof.
(b) The relationship between Supplier and Inhibitex is
that of vendor and vendee and under no circumstances shall either party, its
agents and employees, be deemed agents or representatives of the other party, or
have the right of enter into any contracts or commitments in the name of or on
behalf of the other party in any respect whatsoever.
(c) This Agreement, including the exhibits hereto,
constitutes the entire agreement between the parties relating to the subject
matter herein and all prior proposals, discussions and writings by and between
the parties and relating to the subject matter herein are superseded hereby.
None of the terms of this Agreement shall be deemed to be waived by either party
or amended unless such waiver or amendment is written and signed by both
parties, and recites specifically that it is a waiver of, or amendment to, the
terms of this Agreement.
(d) All notices, communications, demands, and payments
required or permitted to be given or made hereunder or pursuant hereto shall
conclusively be presumed for all purposes of this Agreement to be given or made
at the time the same as received. Notices shall be addressed as follows:
7
If to Inhibitex: If to Supplier:
Inhibitex, Inc. DCI Management Group, Inc.
0000 Xxxxxxxx Xxxxxxx 000-00 00xx Xxxxxx
Xxxxxxxxxx, XX 00000 Xxxxxx Xxxxxxx, XX 00000
Fax: 000-000-0000 Fax: 000-000-0000
Attn: Xxxxxxx X. Xxxxx Attn: Xxx London
email: xxxxxx@xxxxxxxxx.xxx email: xxxxxxxxx@xxxxxxxxx.xxx
With a copy to: With a copy to:
Xxxxxxx Berlin Shereff Xxxxxxxx, LLP
000 Xxxxxxxxx Xxxxxx
Xxx Xxxx, XX 00000
Fax: 000-000-0000
Attn: Xxxxx X. Xxxxxxxxx, Esq.
email: xxxxxxxxxxx@xxxxxxx.xxx
or to such other address as to which either party may notify the other party.
(e) This Agreement shall be governed by and construed in
accordance with the laws of the State of New York without regard to the choice
of law provisions thereof.
(f) This Agreement shall not be assignable by Supplier or
Inhibitex without prior written consent.
(g) This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and permitted
assigns.
(h) Inhibitex and Supplier agree that the terms of this
Agreement shall be held in confidence, except where disclosure may be required
by law, by rules of a securities exchange or as the parties may otherwise agree.
No public announcement relating to this Agreement shall be made by either party
without the prior written consent of the other party, and neither party shall
use the name of the other party to this Agreement, any trademark or trade name,
or the name of any employee of the other party in any advertising or news
release without the prior consent of the other party.
(i) Supplier covenants and agrees that by its execution
of this Agreement, any of its affiliates that supply Plasma to Inhibitex shall
be bound by and become a party to this Agreement, with the same rights,
obligations and responsibilities as Supplier with respect to the Plasma such
affiliate supplies hereunder, even though such affiliate has not become a
signatory hereto.
(j) This Agreement shall supersede the Plasma Supply
Agreement between the parties dated as of May 1, 1998.
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(k) All disputes under or relating to this Agreement,
including without limitation disputes with respect to the enforceability of this
provision, shall be resolved by arbitration conducted in New York, in accordance
with the then effective rules of the American Arbitration Association (or
successor body, if any). The arbitration decision, whether unanimous or
majority, will be final and nonappealable and judgment thereon may be entered in
any court having jurisdiction or application may be made to any such court for
the judicial acceptance of the arbitration award or decision and order of
enforcement. The costs and expenses of such arbitration (including, without
limitation, legal costs, fees and expenses) shall be borne by the parties in
proportion to each parties initial position relative to the outcome in the
matter as determined by the arbitrators.
(l) This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and both of which
together shall constitute one instrument. This Agreement may be evidenced by
facsimile signatures.
[remainder of this page intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have cause this
Agreement to be executed by their representatives duly authorized as of the day
and year first above written.
DCI MANAGEMENT GROUP, INC.
By: /s/ Xxxxxx X. Xxxxxx
------------------------------
Name: Xxxxxx X. Xxxxxx
Title: Secretary
INHIBITEX, INC.
By: /s/ Xxxxxxx X. Xxxxx
------------------------------
Name: Xxxxxxx X. Xxxxx
Title: Vice President, CFO
EXHIBIT A
PLASMA SPECIFICATIONS
Plasma collected on behalf of Inhibitex shall adhere to the following:
- Only centers with FDA licenses and QPP certification shall
collect Plasma for Inhibitex
- Plasma shall be collected as Source Plasma as defined by the
FDA in 21 CFR Part 640 Subpart G, Source Plasma 640.60
- Plasma shall be collected from donors who fulfill all
requirements as Qualified Donors as defined by iQPP standards,
as well as, requirements sited by the FDA in 21 CFR Part 640
Subpart G, Source Plasma for Suitable Donors 640.63
- Plasma shall be collected in bottles that fulfill all
requirements sited by the FDA in 21 CFR Part 640 Subpart G,
Source Plasma 640.64 including:
- supervision of the collection
- blood containers
- anticoagulant
- donor identification (labeling)
- prevention of contamination
- Plasma shall be collected, stored, and transported in
accordance with all FDA and QPP requirements
- Supplier shall ensure that each unit is Viral Marker Tested in
accordance with FDA and QPP requirements as listed in 4.(a)
- Following 21 CFR Part 640 Subpart G, Source Plasma 640.69, 3-5
ml Plasma samples are to be removed and dispersed accordingly:
- Viral Marker Testing - sent to testing laboratory
- Inhibitex confirmation - sent to Inhibitex for
testing
- Back-up for center - maintained at center for 1
year and/or delivered to Inhibitex, at its cost,
upon its request
- Sample for Nucleic Acid Testing (NAT) - placed in
case along with physical units
A-1
- Extra sample for future testing - placed in case
along with physical units
- Labeling of each Plasma container shall be in accordance with
21 CFR 640 Subpart G, Source Plasma 640.70 and Part 610
Subpart G Labeling Standards 610.62 to include:
- Positioning of proper name of product
- Prominence of proper name of product
- Legible type
- Appropriate "Caution" statement(s)
- Storage temperature
- Total volume or weight of plasma and total
quantity and type of anticoagulant used
- Donor number or individual bleed number
- Expiration Date of plasma
- "Plasma collected from normal donor" statement
- "Nonreactive for HBs Ag by FDA required test"
statement
- Name, address, and license number of the
manufacturer
- "Negative by a test for antibody to HIV"
statement
A-2
EXHIBIT B
- Transportation services provided by Making Distribution
Intelligent (MDI)
- Shipment shall occur upon completion of filling of 4 cases of
Plasma.
B-1
EXHIBIT C
APPROVED COLLECTION FACILITIES
CENTER LICENSE #
BIO SAVE RESOURCES OF ALBUQUERQUE, INC. 1064
ALBUQUERQUE, NEW MEXICO
BOWLING GREEN BIOLOGICALS, INC. 0000
XXXXXXX XXXXX, XXXXXXXX
DCI BIOLOGICALS, INC. 0000
XXXXX, XXXXX
DCI BIOLOGICALS CARBONDALE, INC. 1239
CARBONDALE, ILLINOIS
DCI PLASMA CENTER OF DULUTH, INC. 0000
XXXXXX, XXXXXXXXX
DCI BIOLOGICALS DUNEDIN, INC. 0000
XXXXXXX, XXXXXXX
DCI BIOLOGICALS, INC. 831-002
FARMINGTON, NEW MEXICO
DCI BIOLOGICALS FLAGSTAFF, INC. 1612
FLAGSTAFF, ARIZONA
DCI BIOLOGICALS, INC. 831-001
GALLUP, NEW MEXICO
DCI BIOLOGICALS GREENVILLE, INC. PENDING*
GREENVILLE, NORTH CAROLINA
DCI BIOLOGICALS HOT SPRINGS, INC. 0000
XXX XXXXXXX, XXXXXXXX
DCI BIOLOGICALS JONESBORO, INC. 0000
XXXXXXXXX, XXXXXXXX
-----------------
* Plasma may not be shipped to Inhibitex from any Approved Collection
Facility whose license is "pending".
C-1
CENTER LICENSE #
LAS CRUCES BIOLOGICALS, INC. 1069
LAS CRUCES, NEW MEXICO
PORTLAND BIOLOGICALS, INC. 0000-000
XXXXXXXX, XXXXX
DCI BIOLOGICALS LITTLE ROCK, INC. 0000
XXXXXX XXXX, XXXXXXXX
DCI BIOLOGICALS NACOGDOCHES, INC. 1591
NACOGDOCHES, ILLINOIS
DCI BIOLOGICALS ORLANDO, INC. 1286
ORLANDO, FLORIDA
PORTLAND BIOLOGICALS, INC. 1191-001
XXXXXXXX, XXXXX 00000
STILLWATER PLASMA CENTER, INC. 1129
STILLWATER, OKLAHOMA
DCI BIOLOGICALS TEXARKANA, INC. PENDING*
TEXARKANA, ARKANSAS
WESTGATE BIOLOGICALS, INC. 0000
XXXXXXX XXXXXXX, XXXXX
DCI BIOLOGICALS WICHITA FALLS, INC. 0000
XXXXXXX XXXXX, XXXXX
DCI BIOLOGICALS WILMINGTON, INC. PENDING*
WILMINGTON, NORTH CAROLINA
YALE BLOOD PLASMA, INC. 836
ALBUQUERQUE, NEW MEXICO
C-2
NABI CENTERS
CENTER LICENSE #
NABI - FORT XXXXX 0000-000
XXXX XXXXX, XXXXXXX
NABI - GAINESVILLE 1022-009
GAINESVILLE, FLORIDA
NABI - HOUSTON (BROADWAY) 0000-000
XXX XXXXXXX, XXXXXXX
NABI - JACKSONVILLE 1022-031
JACKSONVILLE, FLORIDA
NABI - LINCOLN 1022-012
LINCOLN, NEBRASKA
NABI - NORFOLK 1022-014
NORFOLK, VIRGINIA
NABI - SCRANTON 0000-000
XXXXXXXX, XXXXXXXXXXXX
NABI - YOUNGSTOWN 1022-021
YOUNGSTOWN, OHIO
C-3