0001437749-20-016868 Sample Contracts

INDEMNITY AGREEMENT
Indemnity Agreement • August 6th, 2020 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware

This Indemnity Agreement (this “Agreement”) dated as of ___________, 20_, is made by and between NovaBay Pharmaceuticals, Inc., a Delaware corporation (together with its successors and assigns, the “Company”), and _________________ (“Indemnitee”).

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NINTH AMENDMENT to LEASE BETWEEN EMERY STATION OFFICE II, LLC (LANDLORD) And NOVACAL PHARMACEUTICALS, INC. (TENANT) EMERYSTATION NORTH PROJECT Emeryville, California
Lease • August 6th, 2020 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations

Reference is made to that certain Lease dated June 3, 2004, by and between Emery Station Office II, LLC, a California Limited Liability Company, as Landlord (“Landlord”), and NovaBay Pharmaceuticals, Inc. (formerly Novacal Pharmaceuticals, Inc.), a Delaware Corporation, as Tenant (“Tenant”), as such Lease was amended by First Amendment dated June 22, 2004, by Second Amendment dated July 22, 2004, by Third Amendment dated March 25, 2005, by Fourth Amendment dated September 30, 2006, by Fifth Amendment dated November 20, 2007, by Sixth Amendment dated September 1, 2008, by Seventh Amendment whose effective date was March 1, 2012, and by Eighth Amendment whose effective date was March 1, 2012, the Lease and First through Eighth Amendments thereto collectively constituting and being referred to as the “Existing Lease”. The Existing Lease is hereby further amended by this Ninth Amendment to Lease (the “Ninth Amendment”), whose terms are outlined below. The effective date of this Ninth Amend

SUBLEASE TERMINATION AGREEMENT
Sublease Termination Agreement • August 6th, 2020 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations

This Sublease Termination Agreement (“Agreement”) is entered into as of the 31st day of July, 2020, by and between NOVABAY PHARMACEUTICALS, INC., a Delaware corporation (“Sublandlord”), and ZYMERGEN INC., a Delaware corporation (“Subtenant”), with reference to the following:

FIRST AMENDMENT TO the INTERMEDIARY DISTRIBUTION Agreement
Intermediary Distribution Agreement • August 6th, 2020 • NovaBay Pharmaceuticals, Inc. • Pharmaceutical preparations

THIS FIRST AMENDMENT TO THE INTERMEDIARY DISTRIBUTION AGREEMENT (this “First Amendment”) is made and entered into effective as of June 29, 2020 (the “First Amendment Date”), by and between Chongqing Pioneer Pharma Holdings Limited, with its principal place of business at No. 15, Lane 88 Wuwei Road, Putuo, Shanghai, China (“Pioneer”), and NovaBay Pharmaceuticals, Inc., a Delaware corporation with its principal place of business at 2000 Powell Street, Suite 1150 Emeryville, CA 94608 (“NovaBay”), who state as follows:

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