This Supply Agreement (this "Agreement"), dated as of May 5, 2016 (the "Effective Date"), is made by and between Correvio International Sárl, a Swiss corporation with offices at Rue des Alpes 21, Case postale 1674, 1201 Geneva, Switzerland ("Licensee"), and Durata Therapeutics International B.V., a company registered in the Netherlands with offices at Spaces Zuidas II, Barbara Strozzilaan 101, 1083 HN Amsterdam, the Netherlands ("Allergan"). Each of Licensee and Allergan is referred to herein individually as a "Party" and collectively as the "Parties." Certain capitalized terms have the meanings provided in Article I below.
WHEREAS, Licensee and Allergan have entered into a License Agreement, effective as of the Effective Date (as amended from time to time, the "License Agreement"), under which Allergan grants Licensee an exclusive right to Commercialize the Product in the Field in the Territory; and
WHEREAS, in connection with the License Agreement, Licensee and Allergan desire to enter into this Agreement in order to set forth the terms and conditions under which Allergan shall Manufacture (or cause to be Manufactured), supply and sell to Licensee, and Licensee shall purchase from Allergan, the Product.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows:
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