0001047469-14-001523 Sample Contracts

LICENSE AND COMMERCIALIZATION AGREEMENT by and between VIVUS, INC. and SANOFI
License and Commercialization Agreement • February 28th, 2014 • Vivus Inc • Pharmaceutical preparations • New York

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is entered into as of the 11th day of December, 2013 (the “Effective Date”) by and between Vivus, Inc., a corporation with its principal office at 351 E. Evelyn Avenue, California, 94041, United States of America (referred to herein as “Vivus”), and Sanofi, a French corporation having a place of business at 54 rue la Boétie, 75008, Paris, France (referred to herein as “Sanofi”). Vivus and Sanofi are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

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MANUFACTURING AND SUPPLY AGREEMENT
Manufacturing and Supply Agreement • February 28th, 2014 • Vivus Inc • Pharmaceutical preparations • New York

THIS MANUFACTURING AND SUPPLY AGREEMENT (this “Agreement”) is entered into and effective as of September 1st, 2013 (the “Effective Date”) by and between VIVUS, Inc., a Delaware corporation with its principal place of business at 351 E. Evelyn Avenue, Mountain View, CA 94041 (“Purchaser”) and SANOFI WINTHROP INDUSTRIE, a French corporation having its principal offices at 20, avenue Raymond Aron, 92165 Antony Cedex, France, acting for itself and on behalf of its Affiliates as hereinafter defined (“SWI”). SWI and Purchaser are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

SUPPLY AGREEMENT
Supply Agreement • February 28th, 2014 • Vivus Inc • Pharmaceutical preparations • New York

THIS SUPPLY AGREEMENT (this “Agreement”) is entered into and effective as of December 11th, 2013 (the “Effective Date”) by and between VIVUS, Inc., a Delaware corporation with its principal place of business at 1172 Castro Street, Mountain View, CA 94040 (“Vivus”) and Sanofi Winthrop Industrie, a French corporation having its principal offices at 20, avenue Raymond Aron, 92160 Antony, France, acting on its own behalf and on behalf of its Affiliates (“Purchaser”). Vivus and Purchaser are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

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