0000950134-07-006990 Sample Contracts

Re: Amendment No. 4 to the Data Transfer, Clinical Trial and Market Supply Agreement, dated as of January 27, 2000
Data Transfer, Clinical Trial and Market Supply Agreement • March 30th, 2007 • Intermune Inc • Pharmaceutical preparations

As you know, InterMune, Inc. (“InterMune”) and Boehringer Ingelheim Austria GmbH (“BI Austria”) are parties to that certain Data Transfer, Clinical Trial and Market Supply Agreement effective January 27, 2000, as amended effective June 19, 2002, September 18, 2003 and July 26, 2005 (the “Agreement”). This letter (this “Amendment”) will confirm our agreement to amend the Agreement as follows, effective as of the date first set forth above:

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Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and InterMune, Inc.
Corporate Integrity Agreement • March 30th, 2007 • Intermune Inc • Pharmaceutical preparations
EXCLUSIVE LICENSE AND COLLABORATION AGREEMENT
Exclusive License and Collaboration Agreement • March 30th, 2007 • Intermune Inc • Pharmaceutical preparations • Delaware

This Exclusive License and Collaboration Agreement (this “Agreement”) is executed as of October 16, 2006, (the “Execution Date”) and effective as of the Effective Date and is entered into by and between Hoffmann-La Roche Inc., a New Jersey corporation located at 340 Kingsland Street, Nutley, New Jersey 07110 (“Roche Nutley”), and F.Hoffmann-La Roche Ltd, a Swiss corporation, with its principal office at Grenzacherstrasse 124, CH-4070 Basel, Switzerland (“Roche Basel”; Roche Nutley and Roche Basel are collectively referred to as “Roche”), on the one hand, and InterMune, Inc., a Delaware corporation with its principal place of business at 3280 Bayshore Boulevard, Brisbane, California 94005 (“InterMune”), on the other hand.

CIVIL, SETTLEMENT AGREEMENT
Settlement Agreement • March 30th, 2007 • Intermune Inc • Pharmaceutical preparations

This Settlement Agreement (“Agreement”) is entered into by and between the United States of America, acting through the United States Department of Justice and the United States Attorney’s Office for the Northern District of California, on behalf of the Office of Inspector General (“OIG-HHS”) of the United States Department of Health and Human Services (“HHS”); the United States Office of Personnel Management (“OPM”); the United States Department of Defense TRICARE Management Activity (“TMA”); the United States Department of Defense, Defense Logistics Agency (“DLA”), on behalf of the Defense Supply Center- Philadelphia (“DSCP”) (collectively “the United States”); InterMune, Inc. (“InterMune”), a Delaware corporation with its principal place of business in Brisbane, California; and Joan Gallagher (“Relator”) (hereafter referred to as “the Parties”), through their authorized representatives.

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