0001104659-05-052682 Sample Contracts

CONFIDENTIAL TREATMENT AMENDMENT NO. 2 to the MANUFACTURING AND SUPPLY AGREEMENT entered into as of September 30, 2001 by and between ACS Dobfar, SpA and Cubist Pharmaceuticals, Inc.
Manufacturing and Supply Agreement • November 4th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations

This AMENDMENT NO. 2 (“Amendment No. 2”), to that certain Manufacturing and Supply Agreement (the “Agreement”) entered into as of September 30, 2001, is made this 12th day of February, 2003, 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. 1, including definitions in the preamble and recitals hereto.

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CONFIDENTIAL TREATMENT PROCESSING SERVICES AGREEMENT
Processing Services Agreement • November 4th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

This PROCESSING SERVICES AGREEMENT (“Agreement”) is made this 11th day of August, 2004 (“Effective Date”), by and between Cardinal Health PTS, LLC, having a place of business at 4401 Alexander Blvd., NE, Albuquerque, New Mexico 87107 (“Cardinal Health”) and Cubist Pharmaceuticals, Inc. (“Cubist”), having its principal place of business at 65 Hayden Avenue, Lexington, MA 02421.

CONFIDENTIAL TREATMENT MANUFACTURING AND SUPPLY AGREEMENT
Manufacturing and Supply Agreement • November 4th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

This Manufacturing and Supply Agreement (Agreement) is entered into as of September 30, 2001 (Effective Date) by and between ACS Dobfar, SpA, an Italian corporation (ACSD) and Cubist Pharmaceuticals, Inc., a Delaware corporation (Cubist).

CONFIDENTIAL TREATMENT MANUFACTURING AND SUPPLY AGREEMENT
Manufacturing Agreement • November 4th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • England

Cubist is a drug company focused on the discovery, development and commercialization of novel drugs to treat infections. Cubist has commenced Phase III clinical trials of its lead product, Daptomycin, an agent with potential bactericidal activity against life threatening infections. DSM has expertise in the manufacture of drugs on a contract basis. DSM is willing to manufacture Daptomycin for Cubist and to sell clinical and commercial quantities of Daptomycin to Cubist. This Agreement sets forth the terms under which DSM will manufacture and supply Daptomycin exclusively to Cubist.

AMENDMENT NO. 1
Manufacturing and Supply Agreement • November 4th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations

This AMENDMENT NO. 1 (“Amendment No. 1”) to that certain Manufacturing and Supply Agreement entered into as of June 22, 2000 (the “Agreement”) is made this 9th day of September, 2005, by and between DSM Capua, S.p.A., an Italian corporation (“DSM”) 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. 1, including definitions in the preamble and recitals hereto.

FIRST AMENDMENT TO LEASE
Lease • November 4th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

THIS FIRST AMENDMENT TO LEASE (this “Amendment”) is made as of the 29th day of September, 2005 (the “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. 3
Manufacturing and Supply Agreement • November 4th, 2005 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations

This AMENDMENT NO. 3 (“Amendment No. 3”), to that certain Manufacturing and Supply Agreement (as amended to date pursuant to Amendments Nos. 1 and 2, the “Agreement”) entered into as of September 30, 2001, is made this 20th day of October, 2005,(“Amendment 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. 3, including definitions in the preamble and recitals hereto.

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