AMENDED AND RESTATED SUPPLY, SERVICE, AND SUPPORT AGREEMENTSupply, Service, and Support Agreement • August 9th, 2018 • Foundation Medicine, Inc. • Services-medical laboratories • New York
This Amended and Restated Supply, Service, and Support Agreement (this “Agreement”) is effective as of the date of last signature found below (the “Restatement Date”) between Illumina, Inc., a Delaware corporation having a place of business at 5200 Illumina Way, San Diego, CA 92122 (“Illumina”) and Foundation Medicine, Inc. (“FMI”) having a place of business at 150 Second Street, Cambridge, MA, 02141, on behalf of itself and its Ordering Affiliates (collectively, “Customer”), and amends and restates that certain Supply, Service, and Support Agreement dated July 25, 2013 (“Effective Date”) between Foundation Medicine, Inc. and Illumina, as amended (“Prior Agreement”). Upon execution, the terms of this Agreement shall supersede and control over the terms of the Prior Agreement. Customer and Illumina may be referred to herein as “Party” or “Parties.”
CHINA TERRITORY AGREEMENTChina Territory Agreement • August 9th, 2018 • Foundation Medicine, Inc. • Services-medical laboratories
This China Territory Agreement (“Agreement”) is entered into by and between F. Hoffmann-La Roche Ltd, with an office and place of business at Grenzacherstrasse 124, 4070, Basel, Switzerland (“Roche”), on the one hand, and Foundation Medicine, Inc. with an office and place of business at 150 Second Street, Cambridge, MA 02141, U.S.A. (“FMI”), on the other hand (each a “Party,” and collectively, the “Parties”) and shall take effect as of April 26, 2018 (the “Effective Date”). Capitalized terms used in this Agreement and not otherwise defined herein are used with the meanings ascribed to them in the Ex-US Commercialization Agreement (as defined below).
