EXHIBIT 10.27
AMENDMENT # 2 to
the
LICENSE
AGREEMENT
THIS AMENDMENT #2, is made and
effective retroactively to the 1 st day of January 2007
(“Amendment #2 Effective Date”), by and between
Cubist Pharmaceuticals, Inc. a Delaware corporation
having its principal place of business at 65 Hayden Avenue,
Lexington, Massachusetts 02421, USA (“Cubist”)
and Chiron Healthcare Ireland Ltd . A company organized
under the laws of Ireland with offices at United Drug House,
Belgard Road, Tallaght, Dublin, Ireland
(“Chiron”).
WHEREAS, Chiron and Cubist entered
into a License Agreement effective as of October 3, 2003
with respect to Cubicin® (daptomycin ), and as amended
by an April 1, 2004 Amendment #1 (the “Agreement”)
; and
WHEREAS, pursuant to the License
Agreement, Cubist granted to Chiron, by itself or through its
affiliates, the exclusive right (even to Cubist) to, inter
alia , Commercialize the Licensed Products in the Territory, as
listed in Exhibit D of the Agreement; and
WHEREAS, the parties hereto now
mutually desire to amend, modify and restate certain terms
a
