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MEIJI SEIKA KAISHA,
LTD. INTERNATIONAL
HEADQUARTERS, PHARMACEUTICALS
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4-16, Kyobashi 2 Chome, Chuo-ku,
Tokyo, 104-8002 Japan
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TELEPHONE:
+81-3-3273-3426 FAX: +81-3-3281-4058
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Cornerstone
Biopharma Inc.
2000 Regency Parkway
Suite 255
Cary, North Carolina 27511
U.S.A.
Re: License and Supply
Agreement
This letter is
to confirm the mutual understanding and agreement between Meiji
Seika Kaisha, Ltd. (“Meiji”) and Cornerstone Biopharma
Inc. (“Cornerstone”) with respect to the License and
Supply Agreement dated October 12, 2006 regarding Cefditoren
Pivoxil as amended by the Amendment No. 1 dated July 27,
2007 (the “License Agreement”).
1. Capitalized terms not defined herein
shall have the meanings ascribed to them in the License
Agreement.
2. Tedec-Meiji Farma S.A.
(“Tedec-Meiji”) shall be added as a production site for
production of 200mg oral tablet form of the Product to be specified
in the Product Registrations of that Product. Cornerstone
undertakes to do all regulatory works and filings required to add
Tedec-Meiji as a production site specified in the Product
Registrations of 200mg oral tablet form of the Product and Meiji
shall provide Cornerstone with all information and data required
for such purpose. Meiji shall pay to Cornerstone US$349,000 as
reimbursement for expenses to be incurred by Cornerstone for
regulatory works and filings required to add Tedec-Meiji as a
production site. Meiji’s burden for expenses for regulatory
works and filings required to add Tedec-Meiji as a production site
shall be limited to this payment of US$349,000. This payment of
US$349,000 shall be made by way of several installments to be
mutually agreed between Meiji and Cornerstone and shall be
completed no later than June 30, 2008.
3. Meiji
hereby grants Cornerstone an exclusive right to develop, and apply
for and obtain the Product Registrations for, 400mg oral tablet
form of the Product (“400mg Product”).
Tedec-
[***]
Confidential portions of the exhibit have been omitted and filed
separately with the Securities and Exchange Commission
MEIJI SEIKA KAISHA,
LTD. INTERNATIONAL
HEADQUARTERS, PHARMACEUTICALS
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4-16, Kyobashi 2 Chome, Chuo-ku,
Tokyo, 104-8002 Japan
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TELEPHONE:
+81-3-3273-3426 FAX: +81-3-3281-4058
|
Meiji shall be
designated as the production site for production of the 400mg
Product to be specified in the Product Registrations of the 400mg
Product. All expenses required to develop
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