Exhibit 10.1
SERVICES, MANUFACTURING AND SUPPLY AGREEMENT
This SERVICES, MANUFACTURING AND SUPPLY AGREEMENT (the “Agreement”), dated as
of the 7 th day of April, 2003 (the “Effective Date”), by and between EXACT Sciences Corporation
(“EXACT”), a Delaware corporation doing business at 63 Great Road, Maynard, Massachusetts 01754; and
Discovery Labware Inc. (“Discovery”), a wholly owned subsidiary of Becton Dickinson and Company (“Becton
Dickinson”), doing business at 296 Concord Road, Billerica, MA 01821.
WHEREAS, EXACT owns and has developed proprietary technologies directed to, among other
things, the recovery of DNA from biological samples and in particular for use in the diagnosis of colon cancer and
is producing improvements, enhancements and inventions related to all of its technologies, including a proprietary
device having [CONFIDENTIAL TREATMENT REQUESTED] /*/ components, that includes a treated
membrane-like material,
WHEREAS, Becton Dickinson owns and has developed proprietary technologies and equipment
directed to, among other things, manufacturing, tooling, molding, packaging, labeling, processes, equipment,
know-how and methods, including but not limited to, molding of consumables, molds, tooling, core pins and
attaching membrane and membrane-like materials to all types of objects or other materials, and is producing
improvements, enhancements and inventions related to all of these proprietary technologies; and
WHEREAS , EXACT desires to engage the services of Discovery to use Becton Dickinson’s
proprietary technology to design, develop, use and deliver the tooling to manufacture and produce
[CONFIDENTIAL TREATMENT REQUESTED] /*/ components of EXACT’s proprietary consumable;
WHEREAS, EXACT desires Discovery to use Becton Dickinson’s proprietary technologies to
manufacture and produce the [CONFIDENTIAL TREATMENT REQUESTED]/*/ components of EXACT’s
proprietary consumable, for Discovery to attach a treated membrane material which is to be supplied