AMENDMENT NO. 3 - DEVELOPMENT AND OPTION AGREEMENTDevelopment and Option Agreement • March 11th, 2015 • Zogenix, Inc. • Pharmaceutical preparations
THIS AMENDMENT NO. 3 – DEVELOPMENT AND OPTION AGREEMENT (the “Amendment No. 3”) is made as of October 30, 2014 (the “Amendment No. 3 Effective Date”), by and between ALTUS FORMULATION INC., a Quebec company, having its principal place of business at 17800 Rue Lapointe, Mirabel Quebec J7J 1P3, Canada (“Altus”), and ZOGENIX, INC., a Delaware corporation, having its principal place of business at 12400 High Bluff Drive, Suite 650, San Diego, CA 92130 USA (“Zogenix”). Each of Altus and Zogenix are sometimes referred to herein individually as a “Party” and together as the “Parties”.
Teva | North America November 5, 2014 Zogenix, Inc. 12400 High Bluff Drive Suite 650 San Diego, CA 92130 Attn: Stephen J. Farr, President Re: Right of Reference Dear Mr. Farr:Binding Letter Agreement • March 11th, 2015 • Zogenix, Inc. • Pharmaceutical preparations • New York
This binding letter agreement (this “Letter Agreement”), effective as of the date first set forth above (“Effective Date”), confirms the understanding and agreement between Teva Pharmaceuticals USA, Inc. (“Teva”) and Zogenix, Inc. (“Zogenix”) with regard to the grant by Zogenix to Teva of a right of reference to the carcinogenicity data identified below that were generated by Zogenix for the Zogenix Product (as defined below).
