This Agreement is made and entered into as of the last day signed below (the "Effective Date") by and between
Hollister-Stier Laboratories LLC, having a principal place of business at 3525 North Regal Street, Spokane,
Washington, 99207-5788 ("Hollister-Stier") and Hemispherx Biopharma, Inc., having a principal place of
business at 1716 John F. Kennedy Boulevard, Philadelphia, Pennsylvania, 19103 ("Hemispherx" or "Client").
Both Hollister-Stier and Hemispherx are referred to herein individually as "Party" and collectively as the "Parties."
WHEREAS, Client has a commercial interest in the manufacture of the Product (as hereafter defined) and
requests the services of Hollister-Stier in the manufacturing of the Product pursuant with the terms and conditions
contained herein, and Hollister-Stier desires to manufacture the Product on behalf of Client pursuant to the terms
and conditions contained herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained
herein, the Parties agree as follows:
1. Certain terms are defined in the text of this Agreement. In addition, as used in this Agreement, the following
definitions shall apply:
1.1. "Act" shall mean the U.S. Food, Drug and Cosmetics Act of 1934 (21 U.S. C.ss.301 et seq.) and the
regulations promulgated thereunder, as the same may be amended from time to time.
1.2. "Polymer I and Polymer C12U" or "Polymer" shall mean the polymer pharmaceutical starting material of the
Product further defined in Specifications.
1.3. "Affiliate" shall mean any individual, firm, corporation or other legal entity that directly or indirectly controls,
is controlled by, or is under common control with, a Party. As used in the preceding sentence, "control" means
possession, whether direct or indirect, of the power to direct or cause the direction of the management and
policies of such entity, whether pursuant to the ownership of voting securi