Right of Reference Agreement Sample Contracts

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:
Right of Reference 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).

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