0001104659-11-041793 Sample Contracts

June 27, 2011
Retention Letter • July 29th, 2011 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
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April 18, 2011 Mr. Steve Carbonneau President The Richmond Group, Inc.
Part 2 Agreement • July 29th, 2011 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
AGREEMENT OF PURCHASE AND SALE BY AND BETWEEN THE REALTY ASSOCIATES FUND VI, L.P., AS SELLER, AND CUBIST PHARMACEUTICALS, INC. AS PURCHASER
Purchase and Sale Agreement • July 29th, 2011 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations

THIS AGREEMENT OF PURCHASE AND SALE (this “Agreement”) is made and entered into as of this 17th day of June, 2011 by and between THE REALTY ASSOCIATES FUND VI, L.P., a Delaware limited partnership (“Seller”), whose principal place of business is located at c/o TA Associates Realty, 28 State Street, 10th Floor, Boston, Massachusetts 02109, and CUBIST PHARMACEUTICALS, INC., a Delaware corporation, or its permitted assigns (“Purchaser”), whose principal place of business is located at 65 Hayden Avenue, Lexington, Massachusetts 02421.

Form of Non-statutory Stock Option Agreement for Employees in Italy
Non-Statutory Stock Option Agreement • July 29th, 2011 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations
CONFIDENTIAL TREATMENT THIRD AMENDMENT TO DEVELOPMENT AND SUPPLY AGREEMENT
Development and Supply Agreement • July 29th, 2011 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations

This THIRD AMENDMENT TO DEVELOPMENT AND SUPPLY AGREEMENT (“Third Amendment”) is entered into as of the 29th day of June, 2011 (“Third Amendment Effective Date”) by and between Cubist Pharmaceuticals, Inc., a Delaware corporation (“Cubist”) and Hospira Worldwide, Inc., a Delaware corporation (“Hospira”) to amend the terms of that certain Development and Supply Agreement dated as of April 3, 2000, as amended, between Hospira and Cubist (“Agreement”).

CONFIDENTIAL TREATMENT CO-PROMOTION AGREEMENT by and between CUBIST PHARMACEUTICALS, INC. and OPTIMER PHARMACEUTICALS, INC. Dated as of April 5, 2011
Co-Promotion Agreement • July 29th, 2011 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • New York

This Co-Promotion Agreement (the “Agreement”) is entered into as of April 5, 2011 (the “Effective Date”), by and between Cubist Pharmaceuticals, Inc., a Delaware corporation (“Cubist”) and Optimer Pharmaceuticals, Inc., a Delaware corporation (“Optimer”). Cubist and Optimer are each referred to in this Agreement as a “Party” and collectively as the “Parties.”

CONFIDENTIAL TREATMENT SETTLEMENT AND LICENSE AGREEMENT
Settlement and License Agreement • July 29th, 2011 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Settlement and License Agreement (including Exhibits A and B, the “Agreement”) is made and entered into on April 4, 2011 (the “Execution Date”), by and between Cubist Pharmaceuticals, Inc. (“Cubist” or “Plaintiff”), and Teva Parenteral Medicines, Inc., Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd. (collectively, “Teva” or “Defendants”). Plaintiff and Defendants are referred to herein collectively as the “Parties” and separately as a “Party”.

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