Commercial Manufacturing Services Agreement Sample Contracts

AMENDMENT NO. 1 TO COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • November 4th, 2021 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances) • New York

This Amendment No. 1 to the Commercial Manufacturing Services Agreement (“First Amendment”) is made, entered into and effective as of September 1, 2021 (the “First Amendment Effective Date”) by and between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation with offices at 611 Gateway Boulevard, Suite 900, South San Francisco, California 94080 (“Atara”); and COGNATE BIOSERVICES INC., a Delaware corporation with offices at 4600 East Shelby Drive, Suite 108, Memphis, TN 38118 (“Manufacturer”). Each of Atara and Manufacturer are referred to in this First Amendment as a “Party” and together, the “Parties.” All capitalized terms used, but not otherwise defined herein, shall have the same meaning ascribed to them in the Commercial Services Agreement (as defined below).

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CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Commercial...
Commercial Manufacturing Services Agreement • January 27th, 2011 • Clinical Data Inc • Pharmaceutical preparations • Delaware

THIS AGREEMENT WITNESSES THAT in consideration of the rights conferred and the obligations assumed herein, and for other good and valuable consideration (the receipt and sufficiency of which are acknowledged by each party), and intending to be legally bound the parties (Patheon and PGx) agree as follows:

Patheon Puerto Rico, Inc. and Depomed, Inc. COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • November 7th, 2011 • Depomed Inc • Pharmaceutical preparations • New York

THIS COMMERCIAL MANUFACTURING SERVICES AGREEMENT, including all schedules attached hereto (collectively, the “Agreement”) is effective as of June 1, 2011 (the “Effective Date”), by and between Patheon Puerto Rico, Inc. (“Patheon”), a corporation organized under the laws of the Commonwealth of Puerto Rico, having its principal place of business at Villa Blanca Industrial Park, State Road No. 1, Km. 34.8, Jose Garrido Avenue, Caguas, Puerto Rico 00725 and at State Road 670, Km 2.7, State Road 670 Km 2.7, Manatí, Puerto Rico 00674, and Depomed, Inc. (“Depomed”), a corporation organized under the laws of the State of California, having its principal place of business at 1360 O’Brien Drive, Menlo Park, California 94025. Patheon and Depomed each is referred to herein as a “Party” and collectively as the “Parties.”

SECOND AMENDED AND RESTATED COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • November 9th, 2023 • Invivyd, Inc. • Biological products, (no disgnostic substances) • New York

THIS SECOND AMENDED AND RESTATED COMMERCIAL MANUFACTURING SERVICES AGREEMENT is made as of September 19, 2023 (“Effective Date”) by and between WuXi Biologics (Hong Kong) Limited, a corporation organized under the laws of Hong Kong, with its registered address at Flat/RM826, 8/F Ocean Centre Harbour City, 5 Canton Road TST, Hong Kong (“WuXi Biologics”), and Invivyd, Inc. (f/k/a Adagio Therapeutics, Inc.), with an address at 1601 Trapelo Road, Suite 178, Waltham, MA 02451 (“Client”). WuXi Biologics and Client may be referred to herein as a “Party” or, collectively, as “Parties.”

AMENDMENT NO. 4 TO COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • May 8th, 2023 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances)

This Amendment No. 4 to the Commercial Manufacturing Services Agreement (“Fourth Amendment”) is made, entered into and effective as of January 30, 2023 (the “Fourth Amendment Effective Date”) by and between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation with offices at 2380 Conejo Spectrum Street, Suite 200, Thousand Oaks, CA 91320 (“Atara”); and CHARLES RIVER LABORATORIES, INC. (successor in interest to COGNATE BIOSERVICES INC.), a Delaware corporation with offices at 4600 East Shelby Drive, Suite 108, Memphis, TN 38118 (“Manufacturer”). Each of Atara and Manufacturer are referred to in this Fourth Amendment as a “Party” and together, the “Parties.” All capitalized terms used, but not otherwise defined herein, shall have the same meaning ascribed to them in the Commercial Services Agreement (as defined below).

SUSTOL® (GRANISETRON EXTENDED RELEASE) INJECTION COMMERCIAL MANUFACTURING SERVICES AGREEMENT – FINISHED FINAL DRUG PRODUCT
Commercial Manufacturing Services Agreement • May 29th, 2015 • Heron Therapeutics, Inc. /De/ • Pharmaceutical preparations • New York

This Agreement between Lifecore Biomedical, LLC, a Minnesota (U.S.A.) entity with offices located at 3515 Lyman Boulevard, Chaska, Minnesota 55318 (“Lifecore”) and Heron Therapeutics, Inc., a Delaware corporation with offices located at 123 Saginaw Drive, Redwood City, California 94063 (“Heron”), is effective as of May 27, 2015 (“Effective Date”).

CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS BOTH AS PRIVATE AND CONFIDENTIAL. COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • February 14th, 2024 • Aytu Biopharma, Inc • Pharmaceutical preparations • New York

This Commercial Manufacturing Services Agreement (this “Agreement”) is effective as of November 13, 2023 (the “Effective Date”) by and between Halo Pharmaceutical, Inc., a Delaware corporation (“Halo”), and Aytu BioPharma, Inc., a Delaware corporation (“Client”). Each of Halo and Client may be referred to herein individually as a “Party” or collectively as the “Parties.”

AMENDMENT NO. 2 TO COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • August 8th, 2022 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances) • New York

This Amendment No. 2 to the Commercial Manufacturing Services Agreement (“Second Amendment”) is made, entered into and effective as of May 25, 2022 (the “Second Amendment Effective Date”) by and between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation with offices at 611 Gateway Boulevard, Suite 900, South San Francisco, California 94080 (“Atara”); and CHARLES RIVER LABORATORIES, INC. (successor in interest to COGNATE BIOSERVICES INC.), a Delaware corporation with offices at 4600 East Shelby Drive, Suite 108, Memphis, TN 38118 (“Manufacturer”). Each of Atara and Manufacturer are referred to in this Second Amendment as a “Party” and together, the “Parties.” All capitalized terms used, but not otherwise defined herein, shall have the same meaning ascribed to them in the Commercial Services Agreement (as defined below).

AMENDMENT NO. 6 TO COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • March 28th, 2024 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances)

This Amendment No. 6 to the Commercial Manufacturing Services Agreement (“Sixth Amendment”) is made, entered into and effective as of December 30, 2023 (the “Sixth Amendment Effective Date”) by and between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation with offices at 2380 Conejo Spectrum Street, Suite 200, Thousand Oaks, CA 91320 (“Atara”); and CHARLES RIVER LABORATORIES, INC. (successor in interest to COGNATE BIOSERVICES INC.), a Delaware corporation with offices at 4600 East Shelby Drive, Suite 108, Memphis, TN 38118 (“Manufacturer”). Each of Atara and Manufacturer are referred to in this Sixth Amendment as a “Party” and together, the “Parties.” All capitalized terms used, but not otherwise defined herein, shall have the same meaning ascribed to them in the Commercial Services Agreement (as defined below).

AMENDMENT NO. 5 TO COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • November 1st, 2023 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances)

This Amendment No. 5 to the Commercial Manufacturing Services Agreement (“Fifth Amendment”) is made, entered into and effective as of September 27, 2023 (the “Fifth Amendment Effective Date”) by and between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation with offices at 2380 Conejo Spectrum Street, Suite 200, Thousand Oaks, CA 91320 (“Atara”); and CHARLES RIVER LABORATORIES, INC. (successor in interest to COGNATE BIOSERVICES INC.), a Delaware corporation with offices at 4600 East Shelby Drive, Suite 108, Memphis, TN 38118 (“Manufacturer”). Each of Atara and Manufacturer are referred to in this Fifth Amendment as a “Party” and together, the “Parties.” All capitalized terms used, but not otherwise defined herein, shall have the same meaning ascribed to them in the Commercial Services Agreement (as defined below).

AMENDMENT NO. 8 TO COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • May 9th, 2024 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances)

This Amendment No. 8 to the Commercial Manufacturing Services Agreement (“Eighth Amendment”) is made, entered into and effective as of March 31, 2024 (the “Eighth Amendment Effective Date”) by and between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation with offices at 2380 Conejo Spectrum Street, Suite 200, Thousand Oaks, CA 91320 (“Atara”); and CHARLES RIVER LABORATORIES, INC. (successor in interest to COGNATE BIOSERVICES INC.), a Delaware corporation with offices at 4600 East Shelby Drive, Suite 108, Memphis, TN 38118 (“Manufacturer”). Each of Atara and Manufacturer are referred to in this Eighth Amendment as a “Party” and together, the “Parties.” All capitalized terms used, but not otherwise defined herein, shall have the same meaning ascribed to them in the Commercial Services Agreement (as defined below).

AMENDMENT NO. 10 TO COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • August 12th, 2024 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances)

This Amendment No. 10 to the Commercial Manufacturing Services Agreement (“Tenth Amendment”) is made, entered into and effective as of May 31, 2024 (the “Tenth Amendment Effective Date”) by and between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation with offices at 2380 Conejo Spectrum Street, Suite 200, Thousand Oaks, CA 91320 (“Atara”); and CHARLES RIVER LABORATORIES, INC. (successor in interest to COGNATE BIOSERVICES INC.), a Delaware corporation with offices at 4600 East Shelby Drive, Suite 108, Memphis, TN 38118 (“Manufacturer”). Each of Atara and Manufacturer are referred to in this Tenth Amendment as a “Party” and together, the “Parties.” All capitalized terms used, but not otherwise defined herein, shall have the same meaning ascribed to them in the Commercial Services Agreement (as defined below).

AMENDMENT NO. 9 TO COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • August 12th, 2024 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances)

This Amendment No. 9 to the Commercial Manufacturing Services Agreement (“Ninth Amendment”) is made, entered into and effective as of April 30, 2024 (the “Ninth Amendment Effective Date”) by and between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation with offices at 2380 Conejo Spectrum Street, Suite 200, Thousand Oaks, CA 91320 (“Atara”); and CHARLES RIVER LABORATORIES, INC. (successor in interest to COGNATE BIOSERVICES INC.), a Delaware corporation with offices at 4600 East Shelby Drive, Suite 108, Memphis, TN 38118 (“Manufacturer”). Each of Atara and Manufacturer are referred to in this Ninth Amendment as a “Party” and together, the “Parties.” All capitalized terms used, but not otherwise defined herein, shall have the same meaning ascribed to them in the Commercial Services Agreement (as defined below).

AMENDMENT NO. 7 TO COMMERCIAL MANUFACTURING SERVICES AGREEMENT
Commercial Manufacturing Services Agreement • March 28th, 2024 • Atara Biotherapeutics, Inc. • Biological products, (no disgnostic substances)

This Amendment No. 7 to the Commercial Manufacturing Services Agreement (“Seventh Amendment”) is made, entered into and effective as of January 31, 2024 (the “Seventh Amendment Effective Date”) by and between ATARA BIOTHERAPEUTICS, INC., a Delaware corporation with offices at 2380 Conejo Spectrum Street, Suite 200, Thousand Oaks, CA 91320 (“Atara”); and CHARLES RIVER LABORATORIES, INC. (successor in interest to COGNATE BIOSERVICES INC.), a Delaware corporation with offices at 4600 East Shelby Drive, Suite 108, Memphis, TN 38118 (“Manufacturer”). Each of Atara and Manufacturer are referred to in this Seventh Amendment as a “Party” and together, the “Parties.” All capitalized terms used, but not otherwise defined herein, shall have the same meaning ascribed to them in the Commercial Services Agreement (as defined below).

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