0001104659-06-071251 Sample Contracts

AMENDMENT NO. 4
Manufacturing and Supply Agreement • November 3rd, 2006 • 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.

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