BY HAND DELIVERY Cubist Pharmaceuticals, Inc. Lexington, MA 02421Retention Letter • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
You are a highly valuable employee of Cubist Pharmaceuticals, Inc. (including any successor organizations, “Cubist”). Cubist wishes to retain you as an employee, and is therefore willing to make certain commitments in order to induce you to remain an employee. This letter will confirm the agreement between you and Cubist (“Agreement”) in that regard. The Agreement is as follows:
RESTRICTED STOCK UNIT AGREEMENT CUBIST PHARMACEUTICALS, INC.Restricted Stock Unit Agreement • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware
This Restricted Stock Unit Agreement (the “Agreement”) governs the Award of restricted stock units (“RSUs”) to employees (“Participants”) of Cubist Pharmaceuticals, Inc. (the “Company”). The details of any RSU Award made to a Participant will be set forth in a letter from the Participant’s manager or other written communication from the Company (a “Notice”).
LICENSE AGREEMENT BY AND BETWEEN CUBIST PHARMACEUTICALS, INC. AND CHIRON HEALTHCARE IRELAND LTD. October 2, 2003License Agreement • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • New York
NINTH AMENDMENT TO LEASELease • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS NINTH AMENDMENT TO LEASE (this “Ninth Amendment”) is made as of the 19th day of December, 2008 (the “Ninth Amendment Date”), by and between THE REALTY ASSOCIATES FUND VI, L.P., a Delaware limited partnership (“Landlord”) and CUBIST PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
EIGHTH AMENDMENT TO LEASELease • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS EIGHTH AMENDMENT TO LEASE (this “Eighth Amendment”) is made as of the 18th day of November, 2008 (the “Eighth Amendment Date”), by and between THE REALTY ASSOCIATES FUND VI, L.P., a Delaware limited partnership (“Landlord”) and CUBIST PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
AMENDMENT # 2 to the LICENSE AGREEMENTLicense Agreement • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
THIS AMENDMENT #2, is made and effective retroactively to the 1st day of January 2007 (“Amendment #2 Effective Date”), by and between Cubist Pharmaceuticals, Inc. a Delaware corporation having its principal place of business at 65 Hayden Avenue, Lexington, Massachusetts 02421, USA (“Cubist”) and Chiron Healthcare Ireland Ltd. A company organized under the laws of Ireland with offices at United Drug House, Belgard Road, Tallaght, Dublin, Ireland (“Chiron”).
SEVENTH AMENDMENT TO LEASELease • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS SEVENTH AMENDMENT TO LEASE (this “Seventh Amendment”) is made as of the 18th day of November, 2008 (the “Seventh Amendment Date”), by and between THE REALTY ASSOCIATES FUND VI, L.P., a Delaware limited partnership (“Landlord”) and CUBIST PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
CONFIDENTIAL TREATMENT ASSIGNMENT AND LICENSE AGREEMENTAssignment and License Agreement • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Indiana
This Agreement is made this 6th day of October, 2000 (the “Effective Date”), by and between ELI LILLY & COMPANY having its principal place of business at Lilly Corporate Center, Indianapolis, Indiana 46285 and its Affiliates (collectively, “ELI LILLY”) and Cubist Pharmaceuticals Incorporated, a Delaware corporation having its principal place of business at 24 Emily Street, Cambridge, MA 02139 and its Affiliates (collectively “CUBIST”) as follows:
SIXTH AMENDMENT TO LEASELease • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts
THIS SIXTH AMENDMENT TO LEASE (this “Sixth Amendment”) is made as of the 31st day of July, 2008 (the “Sixth Amendment Date”), by and between THE REALTY ASSOCIATES FUND VI, L.P., a Delaware limited partnership (“Landlord”) and CUBIST PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).
AMENDMENT NO. 4Manufacturing and Supply Agreement • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
This AMENDMENT NO. 4 (“Amendment No. 4”), to that certain Manufacturing and Supply Agreement (as amended to date pursuant to Amendments Nos. 1, 2 and 3, the “Agreement”) entered into as of September 30, 2001, is made this 22nd day of September, 2006 (“Amendment No. 4 Effective Date”), by and between ACS Dobfar, SpA, an Italian corporation (“ACSD”), and Cubist Pharmaceuticals, Inc., a Delaware corporation (“Cubist”). Unless otherwise defined herein, capitalized terms used but not defined herein shall have the meaning set forth in the Agreement, and the Agreement shall be amended to incorporate any additional definitions provided for in this Amendment No. 4, including definitions in the preamble and recitals hereto.
FIRST AMENDMENTProcessing Services Agreement • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
Cardinal Health PTS, LLC (“Cardinal Health”) and Cubist Pharmaceuticals, Inc., (“Cubist”) are parties to a Processing Services Agreement dated August 11, 2004 (the “Agreement”).
First Amendment to “Manufacturing and Supply Agreement”Manufacturing and Supply Agreement • February 27th, 2009 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
This First Amendment is dated May 8, 2002, and is made between Cubist Pharmaceuticals Inc (“Cubist”), and ACS Dobfar (“ACSD”), who are parties to a Manufacturing and Supply Agreement, dated September 30, 2001 (the “Agreement”);
