0001047469-03-010423 Sample Contracts

SUPPLY AGREEMENT
Supply Agreement • March 27th, 2003 • Cygnus Inc /De/ • Measuring & controlling devices, nec

THIS SUPPLY AGREEMENT (the “Supply Agreement”) is made and entered into as of January 23, 2003, by and between CYGNUS, INC., a Delaware corporation with its principal place of business at 400 Penobscot Drive, Redwood City, California 94063 (“Cygnus”) and SANKYO PHARMA INC., a Delaware corporation with its place of business at Two Hilton Court, Parsippany, New Jersey 07054 (“Sankyo”). Cygnus and Sankyo are referred to herein individually as a “party” and collectively as the “parties.”

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FIRST AMENDMENT TO THE SALES, MARKETING AND DISTRIBUTION AGREEMENT
Marketing and Distribution Agreement • March 27th, 2003 • Cygnus Inc /De/ • Measuring & controlling devices, nec

THIS FIRST AMENDMENT (the “First Amendment”) to the Sales, Marketing and Distribution Agreement (the “Agreement”), having an effective date of July 8, 2002, is made and entered into as of January 23, 2003, by and between CYGNUS, INC., a Delaware corporation with its principal place of business at 400 Penobscot Drive, Redwood City, California 94063 (“Cygnus”) and SANKYO PHARMA INC., a Delaware corporation with its place of business at Two Hilton Court, Parsippany, New Jersey 07054 (“Sankyo”). Cygnus and Sankyo are referred to herein individually as a “party” and collectively as the “parties.”

FOURTH AMENDMENT TO TEN-YEAR INDUSTRIAL NET LEASE AGREEMENT (Covering Building 8 Space and Building 3 Space, in Phase I of Seaport Centre)
Lease Agreement • March 27th, 2003 • Cygnus Inc /De/ • Measuring & controlling devices, nec

This Fourth Amendment to Ten-Year Industrial Net Lease Agreement (“Amendment”) is entered into, and dated for reference purposes, as of October 18, 2002 (the “Execution Date”) by and between METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation (“Metropolitan”), as Landlord (“Landlord”), and CYGNUS, INC., a Delaware corporation (“Cygnus”), as Tenant (“Tenant”), with reference to the following facts (“Recitals”):

MEMORANDUM OF UNDERSTANDING (THERACOM) TO THE SALES, MARKETING AND DISTRIBUTION AGREEMENT
Cygnus Inc /De/ • March 27th, 2003 • Measuring & controlling devices, nec

THIS MEMORANDUM OF UNDERSTANDING (THERACOM) to the Sales, Marketing and Distribution Agreement (the “Agreement”), having an effective date of July 8, 2002, is made and entered into as of January 23, 2003, by and between CYGNUS, INC., a Delaware corporation with its principal place of business at 400 Penobscot Drive, Redwood City, California 94063 (“Cygnus”) and SANKYO PHARMA INC., a Delaware corporation with its place of business at Two Hilton Court, Parsippany, New Jersey 07054 (“Sankyo”). Cygnus and Sankyo are referred to herein individually as a “party” and collectively as the “parties.”

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