Collaboration and Commercial License Agreement Sample Contracts

EX-10.4 11 a2232278zex-10_4.htm EX-10.4 CONFIDENTIAL COLLABORATION AND COMMERCIAL LICENSE AGREEMENT between MERSANA THERAPEUTICS, INC. and MERCK KGaA
Collaboration and Commercial License Agreement • May 5th, 2020 • England and Wales

[***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.

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CONFIDENTIAL AMENDMENT 3 TO COLLABORATION AND COMMERCIAL LICENSE AGREEMENT
Collaboration and Commercial License Agreement • June 1st, 2017 • Mersana Therapeutics, Inc. • Pharmaceutical preparations

This Amendment 3 to Collaboration and Commercial License Agreement (“Amendment 3”) is entered into as of the 28th day of February, 2017 (the “Amendment 3 Effective Date”) by and between Mersana Therapeutics, Inc., a Delaware corporation, having its principal place of business at 840 Memorial Drive Cambridge, MA 02139 (hereinafter referred to as “Mersana”) and Merck KGaA, a corporation with general partners having its principal place of business at Frankfurter Str. 250, 64293 Darmstadt, Germany (hereinafter referred to as “Merck,” and together with Mersana, the “Parties”). This Amendment 3 amends that certain Collaboration and Commercial License Agreement by and between Mersana and Merck dated June 23, 2014, as amended on June 1, 2016 (“Amendment 1”) and on August 12, 2016 (“Amendment 2”) (together the “Original Agreement,” and together with this Amendment 3, the “Agreement”). Capitalized terms used but not defined in this Amendment 3 will have the definition set forth in the Original A

CONFIDENTIAL AMENDMENT 1 TO COLLABORATION AND COMMERCIAL LICENSE AGREEMENT
Collaboration and Commercial License Agreement • June 1st, 2017 • Mersana Therapeutics, Inc. • Pharmaceutical preparations

This Amendment 1 to Collaboration and Commercial License Agreement (“Amendment”) is entered into as of the 1st day of June, 2016 (the “Amendment Effective Date”) by and between Mersana Therapeutics, Inc., a Delaware corporation, having its principal place of business at 840 Memorial Drive Cambridge, MA 02139 (hereinafter referred to as “Mersana”) and Merck KGaA, a corporation with general partners having its principal place of business at Frankfurter Str. 250, 64293 Darmstadt, Germany (hereinafter referred to as “Merck,” and together with Mersana, the “Parties”). This Amendment amends that certain Collaboration and Commercial License Agreement by and between Mersana and Merck dated June 23, 2014 (the “Original Agreement,” and together with this Amendment, the “Agreement”). Capitalized terms used but not defined in this Amendment will have the definition set forth in the Original Agreement.

CONFIDENTIAL AMENDMENT 2 TO COLLABORATION AND COMMERCIAL LICENSE AGREEMENT
Collaboration and Commercial License Agreement • June 1st, 2017 • Mersana Therapeutics, Inc. • Pharmaceutical preparations

This Amendment 2 to Collaboration and Commercial License Agreement (“Amendment”) is entered into as of the 12th day of August, 2016 (the “Amendment 2 Effective Date”) by and between Mersana Therapeutics, Inc., a Delaware corporation, having its principal place of business at 840 Memorial Drive Cambridge, MA 02139 (hereinafter referred to as “Mersana”) and Merck KGaA, a corporation with general partners having its principal place of business at Frankfurter Str. 250, 64293 Darmstadt, Germany (hereinafter referred to as “Merck,” and together with Mersana, the “Parties”). This Amendment amends that certain Collaboration and Commercial License Agreement by and between Mersana and Merck dated June 23, 2014, as amended on June 1, 2016 (the “Original Agreement,” and together with this Amendment, the “Agreement”). Capitalized terms used but not defined in this Amendment will have the definition set forth in the Original Agreement.

AMENDMENT 4 TO COLLABORATION AND COMMERCIAL LICENSE AGREEMENT
Collaboration and Commercial License Agreement • August 14th, 2018 • Mersana Therapeutics, Inc. • Pharmaceutical preparations

This Amendment 4 to the Collaboration and Commercial License Agreement (“Amendment 4”) is entered into as of the date that it is fully executed (the “Amendment 4 Effective Date”) by and between Mersana Therapeutics, Inc., a Delaware corporation, having its principal place of business at 840 Memorial Drive Cambridge, MA 02139 (hereinafter referred to as “Mersana”) and Merck KGaA, a corporation with general partners having its principal place of business at Frankfurter Str. 250, 64293 Darmstadt, Germany (hereinafter referred to as “Merck,” and together with Mersana, the “Parties”). This Amendment 4 amends that certain Collaboration and Commercial License Agreement by and between Mersana and Merck dated June 23, 2014, as amended on June 1, 2016 (“Amendment 1”), August 12, 2016 (“Amendment 2”), and February 28, 2017 (“Amendment 3”) (together the “Original Agreement,” and together with this Amendment 4, the “Agreement”). Capitalized terms used but not defined in this Amendment 4 will have t

AMENDMENT 2 TO COLLABORATION AND COMMERCIAL LICENSE AGREEMENT
Collaboration and Commercial License Agreement • May 9th, 2023 • Mersana Therapeutics, Inc. • Pharmaceutical preparations

This Amendment 2 to Collaboration and Commercial License Agreement (“Amendment”) is entered into as of the 12th day of August, 2016 (the “Amendment 2 Effective Date”) by and between Mersana Therapeutics, Inc., a Delaware corporation, having its principal place of business at 840 Memorial Drive Cambridge, MA 02139 (hereinafter referred to as “Mersana”) and Merck KGaA, a corporation with general partners having its principal place of business at Frankfurter Str. 250, 64293 Darmstadt, Germany (hereinafter referred to as “Merck,” and together with Mersana, the “Parties”). This Amendment amends that certain Collaboration and Commercial License Agreement by and between Mersana and Merck dated June 23, 2014, as amended on June 1, 2016 (the “Original Agreement,” and together with this Amendment, the “Agreement”). Capitalized terms used but not defined in this Amendment will have the definition set forth in the Original Agreement.

AMENDMENT 3 TO COLLABORATION AND COMMERCIAL LICENSE AGREEMENT
Collaboration and Commercial License Agreement • May 9th, 2023 • Mersana Therapeutics, Inc. • Pharmaceutical preparations

This Amendment 3 to Collaboration and Commercial License Agreement (“Amendment 3”) is entered into as of the 28th day of February, 2017 (the “Amendment 3 Effective Date”) by and between Mersana Therapeutics, Inc., a Delaware corporation, having its principal place of business at 840 Memorial Drive Cambridge, MA 02139 (hereinafter referred to as “Mersana”) and Merck KGaA, a corporation with general partners having its principal place of business at Frankfurter Str. 250, 64293 Darmstadt, Germany (hereinafter referred to as “Merck,” and together with Mersana, the “Parties”). This Amendment 3 amends that certain Collaboration and Commercial License Agreement by and between Mersana and Merck dated June 23, 2014, as amended on June 1, 2016 (“Amendment 1”) and on August 12, 2016 (“Amendment 2”) (together the “Original Agreement,” and together with this Amendment 3, the “Agreement”). Capitalized terms used but not defined in this Amendment 3 will have the definition set forth in the Original A

AMENDMENT 1 TO COLLABORATION AND COMMERCIAL LICENSE AGREEMENT
Collaboration and Commercial License Agreement • May 9th, 2023 • Mersana Therapeutics, Inc. • Pharmaceutical preparations

This Amendment 1 to Collaboration and Commercial License Agreement (“Amendment”) is entered into as of the 1st day of June, 2016 (the “Amendment Effective Date”) by and between Mersana Therapeutics, Inc., a Delaware corporation, having its principal place of business at 840 Memorial Drive Cambridge, MA 02139 (hereinafter referred to as “Mersana”) and Merck KGaA, a corporation with general partners having its principal place of business at Frankfurter Str. 250, 64293 Darmstadt, Germany (hereinafter referred to as “Merck,” and together with Mersana, the “Parties”). This Amendment amends that certain Collaboration and Commercial License Agreement by and between Mersana and Merck dated June 23, 2014 (the “Original Agreement,” and together with this Amendment, the “Agreement”). Capitalized terms used but not defined in this Amendment will have the definition set forth in the Original Agreement.

COLLABORATION AND COMMERCIAL LICENSE AGREEMENT between MERSANA THERAPEUTICS, INC. and MERCK KGaA
Collaboration and Commercial License Agreement • May 9th, 2023 • Mersana Therapeutics, Inc. • Pharmaceutical preparations • England and Wales

This Collaboration and Commercial License Agreement, effective as of June 23, 2014 (“Effective Date”), is by and between Mersana Therapeutics, Inc., a Delaware corporation, having its principal place of business at 840 Memorial Drive Cambridge, MA 02139 (“Mersana”) and Merck KGaA, a corporation with general partners having its principal place of business at Frankfurter Str. 250, 64293 Darmstadt, Germany (“Merck”). Mersana and Merck may be referred to in this Agreement individually as a “Party” or collectively as the “Parties”.

Vivalis and Innate Pharma sign a collaboration and commercial license agreement
Collaboration and Commercial License Agreement • April 29th, 2021

Vivalis and Innate Pharma sign a collaboration and commercial license agreement to develop Innate's novel monoclonal antibody, to be manufactured with Vivalis' EB66® platform, for rare cutaneous cancers.

Certain identified information has been excluded from the exhibit because it is both (i) not material and (ii) is the type of information that the registrant treats as private or confidential. Double asterisks denote omissions. COLLABORATION AND...
Collaboration and Commercial License Agreement • February 28th, 2023 • Mersana Therapeutics, Inc. • Pharmaceutical preparations • New York

This Collaboration and Commercial License Agreement, effective as of December 22, 2022 (“Effective Date”), is by and between Mersana Therapeutics, Inc., a Delaware corporation, having its principal place of business at 840 Memorial Drive Cambridge, MA 02139 (“Mersana”), Ares Trading S.A. (a wholly-owned subsidiary of Merck KGaA, Darmstadt, Germany, a corporation with General Partners and having its principal place of business in Frankfurter Straße 250, 64293 Darmstadt, Germany (“MRKDG”)), having its principal place of business at Rue de l’Ouriette 151, Zone industrielle de l’Ouriettez, CH-1170 Aubonne, Switzerland (“ATSA”). Mersana and ATSA may be referred to in this Agreement individually as a “Party” or collectively as the “Parties”.

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