0001104659-09-062183 Sample Contracts

COLLABORATIVE RESEARCH AND DEVELOPMENT AND LICENSE AGREEMENT
Stockholders Agreement • November 3rd, 2009 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • 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.”

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INTELLECTUAL PROPERTY ASSIGNMENT AND LICENSE AGREEMENT
License Agreement • November 3rd, 2009 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • California

THIS INTELLECTUAL PROPERTY ASSIGNMENT AND LICENSE AGREEMENT (the “Agreement”) is made and entered into effective as of October 30, 2009 (the “Effective Date”) by and between OPTIMER PHARMACEUTICALS, INC., a Delaware corporation (“Optimer”), and OPTIMER BIOTECHNOLOGY, INC., a Taiwan corporation (“OBI”).

FINANCING AGREEMENT
Financing Agreement • November 3rd, 2009 • Optimer Pharmaceuticals Inc • Pharmaceutical preparations • California

THIS FINANCING AGREEMENT (this “Agreement”) is made and entered into as of October 30, 2009, by and among OPTIMER BIOTECHNOLOGY, INC., a Taiwan corporation (the “Company”), and each of those persons and entities, severally and not jointly, whose names are set forth on the Schedule of Purchasers attached hereto as EXHIBIT A (which persons and entities are hereinafter collectively referred to as “Purchasers” and each individually as a “Purchaser”).

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