[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS,
HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
DYNAVAX TECHNOLOGIES CORPORATION
MERCK & CO., INC.
This Manufacturing Agreement (the “ Agreement ”) dated as of October 31, 2007 (“ Effective Date ”) is
made by and between Dynavax Technologies Corporation (“ Dynavax ”), a corporation organized under the
laws of Delaware, and Merck & Co., Inc. (“ Merck ”), a corporation organized under the laws of New Jersey.
Each of Dynavax and Merck is sometimes referred to individually herein as a “ Party ” and collectively as the “
W I T N E S S E T H:
WHEREAS , Dynavax and Merck have entered into that certain Exclusive License and Development
Collaboration Agreement (the “ License Agreement ”), dated as of the Effective Date under which Dynavax has
provided an exclusive license to Merck for its hepatitis B surface antigen (“ Hepatitis B Surface Antigen ”)
combined with the 1018 ISS (as defined in the License Agreement) in the Hep B Field (as defined in the License
WHEREAS , Merck desires to use the Hepatitis B Surface Antigen, along with the 1018 ISS together with
Merck’s fill and finish capabilities to sell Licensed Vaccines or Product (as defined herein); and
WHEREAS , until such time that the process and formulation technology transfer from Dynavax to Merck is
completed, Dynavax shall supply Merck and Merck shall purchase, its requirements for Licensed Vaccines or
Products (solely for use in Clinical Trials (as defined in the License Agreement)), [ * ] ; and
WHEREAS , Merck wishes to engage Dynavax to Manufacture (as defined herein) on Merck’s behalf its
requirements of Hepatitis B Surface Antigen in accordance with the terms and conditions set