OPTIMER PHARMACEUTICALS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc • Delaware
This Indemnification Agreement ("Agreement") is made as of this day of , 2002, by and between Optimer Pharmaceuticals, Inc., a Delaware corporation (the "Company"), and ("Indemnitee").
COLLABORATIVE RESEARCH AND DEVELOPMENT AND LICENSE AGREEMENTCollaborative Research and Development and License Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc • California
THIS COLLABORATIVE RESEARCH AND DEVELOPMENT AND LICENSE AGREEMENT (the "Agreement") is entered into as of March 31, 2006 (the "Effective Date") by and between OPTIMER PHARMACEUTICALS INC., a Delaware corporation with its offices located at 10110 Sorrento Valley Road, Suite C, San Diego, California 92121 ("Optimer"), and CEMPRA PHARMACEUTICALS, INC., a Delaware corporation with its offices located at 170 Southport Drive, Suite 500, Morrisville, NC 27560. Optimer and Cempra may be referred to herein individually as a "Party" or collectively, as the "Parties."
LICENSE AGREEMENT by and between THE SCRIPPS RESEARCH INSTITUTE, a California nonprofit public benefit corporation and OPTIMER PHARMACEUTICALS, Inc. a Delaware corporationLicense Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc • California
This License Agreement is entered into and made effective as of this 1st day of June 2004, (the "Effective Date") by and between THE SCRIPPS RESEARCH INSTITUTE, a California nonprofit public benefit corporation ("Scripps") located at 10550 North Torrey Pines Road, La Jolla, California 92037, and OPTIMER PHARMACEUTICALS, INC., a Delaware corporation ("Licensee") located at 10130 Sorrento Valley Road, Suite D, San Diego, California 92121 with respect to the facts set forth below.
OPTIMER PHARMACEUTICALS, INC. WARRANT TO PURCHASE SERIES D PREFERRED STOCKWarrant Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc • California
This Warrant to Purchase Series D Preferred Stock (the "Warrant") is issued to (the "Holder") by Optimer Pharmaceuticals, Inc. a Delaware corporation (the "Company") in exchange for the payment in cash by Holder of $ to the Company.
NM441 LICENSE AGREEMENT BETWEEN NIPPON SHINYAKU CO., LTD. AND OPTIMER PHARMACEUTICALS, INC.License Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc
NIPPON SHINYAKU CO., LTD., a company organized and existing under the laws of Japan, having its principal office and place of business at 14, Nishinosho-monguchi-cho, Kisshoin, Minami-ku, Kyoto 601-8550, Japan (hereinafter referred to as "SHINYAKU")
FIRST AMENDMENT TO LEASELease • November 9th, 2006 • Optimer Pharmaceuticals Inc • California
This First Amendment to Lease ("Amendment") is entered into as of July 12, 2001, by and between Optimer Pharmaceuticals, Inc., a Delaware corporation ("Tenant"), and Pacific Sorrento Technology Park ("Landlord"), who agree as follows:
OPTIMER PHARMACEUTICALS, INC. 1998 STOCK PLAN STOCK OPTION AGREEMENTStock Option Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc • California
Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Option Agreement.
MICHAEL N. CHANG EMPLOYMENT AGREEMENTEmployment Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc • California
This EMPLOYMENT AGREEMENT (the "Agreement") dated as of June 17, 2005, is between OPTIMER PHARMACEUTICALS, INC., a Delaware corporation ("Company"), and MICHAEL N. CHANG ("Executive"). Together, Executive and Company are the "parties" and each is a "party" hereto.
October 6, 2005Consultant Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc
You have been a consultant for Optimer Pharmaceuticals, Inc., a Delaware corporation ("Company"), pursuant to the terms of a Consultant Agreement dated July 1, 2003, as amended (the "Original Agreement"). The Company wishes to have you accept new responsibilities as an executive ("Executive") of the Company. If you accept this new offer, unless otherwise provided herein, the terms of this offer letter shall replace the terms of the Original Agreement in its entirety. This position is effective as of October 1, 2005.
OPTIMER PHARMACEUTICALS, INC. AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENTInvestors' Rights Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc • Delaware
THIS AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT (the "Agreement") is entered into as of the 30th day of November, 2005, by and among Optimer Pharmaceuticals, Inc., a Delaware corporation (the "Company"), and certain investors in the Company listed on Exhibit A hereto, as may be amended from time to time (referred to herein as an "Investor" and collectively as the "Investors"). This Agreement hereby amends and restates the Amended and Restated Investors' Rights Agreement dated April 29, 2005 (the "Prior Agreement").
OPTIMER PHARMACEUTICALS, INC. EMPLOYEE PROPRIETARY INFORMATION AGREEMENTEmployee Proprietary Information Agreement • November 9th, 2006 • Optimer Pharmaceuticals Inc • California
As a condition of my employment with Optimer Pharmaceuticals, Inc., its subsidiaries, affiliates, successors or assigns (together the "Company"), and in consideration of my employment with the Company and my receipt of the compensation now and hereafter paid to me by the company, I agree to the following:
