Document No: Revision: Revision Date: Replaces: Page: MSA-XPI Amendment 2 05/13/21 00 1 of 4 AMENDMENT NO. 2 TO Commercial Supply Agreement This Amendment No. 2 to the Commercial Supply Agreement (this “Amendment”) has been made and entered into as of...
Document No: Revision: Revision Date: Replaces: Page: MSA-XPI Amendment 2 05/13/21 00 1 of 4 AMENDMENT NO. 2 TO Commercial Supply Agreement This Amendment No. 2 to the Commercial Supply Agreement (this “Amendment”) has been made and entered into as of May 13, 2021 (the “Effective Date”) between PYRAMID Laboratories Inc. (“PYRAMID”) and Xeris Pharmaceuticals, Inc. (“Client”). This Amendment amends that certain Commercial Supply Agreement dated as of May 14, 2018 (the “Agreement”) and amended on September 1, 2018 (“Amendment 1”), by and between the parties to this Amendment. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement. NOW, THEREFORE, the parties intending to be legally bound, hereby agree as follows: 1. Schedule A. The Agreement is hereby amended as of the Effective Date such that Schedule A thereto is deleted in its entirety and replaced with Schedule A attached hereto. 2. Miscellaneous. Except as expressly amended hereby, the terms of the Agreement (including the schedules thereto) shall remain in full force and effect, and the Agreement, as amended by this Amendment, is binding on each of the parties to this Amendment. * * *
Document No: Revision: Revision Date: Replaces: Page: MSA-XPI Amendment 2 05/13/21 00 2 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Effective Date. PYRAMID Laboratories, Inc.: By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: President & CEO Xeris Pharmaceuticals, Inc.: By: /s/ Xxxxx XxXxxxxxx Name: Xxxxx XxXxxxxxx Title: SVP, Global Operations
Document No: Revision: Revision Date: Replaces: Page: MSA-XPI Amendment 2 05/13/21 00 3 of 4 Schedule A Batch Size, Dosage, Yield*, Volume, Pricing [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***]
Document No: Revision: Revision Date: Replaces: Page: MSA-XPI Amendment 2 05/13/21 00 4 of 4 Schedule A (continued) Batch Size, Dosage, Yield, Volume Pricing Pricing Assumptions: 1. Standard Batch [***]. 2. Standard batch size estimates based on [***] theoretical yield per dosage; yield assumptions and batch sizes shall be adjusted annually based on actual production history. 3. Batch size/yield/price independent [***]. 4. Pricing subject to annual adjustments as defined under Section 3.3.2 [***]. 5. Pricing for Validation Batches shall be adjusted as defined under Section 3.3.3 [***]. 6. Price includes [***]. 7. Price includes [***]. 8. Price excludes [***].
