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.
CLINICAL AND COMMERCIAL SUPPLY AGREEMENT
GILEAD WORLD MARKETS, LIMITED
GILEAD SCIENCES, INC.
JANUARY 1, 2003
MASTER CLINICAL AND COMMERCIAL SUPPLY AGREEMENT
THIS MASTER CLINICAL AND COMMERCIAL SUPPLY AGREEMENT (the “ Agreement
”) made as of the 1st day of January, 2003 (the “ Effective Date ”) among, on the one hand, Gilead World
Markets, Ltd., a Cayman Company (“ Gilead World ”), whose registered address is Queensgate House, South
Church Street, P.O. Box 1234GT, Grand Cayman, Cayman Islands, and Gilead Sciences, Inc., a Delaware
corporation (“ Gilead Sciences ”) with its principal office located at 333 Lakeside Drive, Foster City, CA
94404 (Gilead World and Gilead Sciences collectively, “ Gilead ”), and, on the other hand, Patheon Inc., a
Canadian corporation (“ Patheon ”) having its principal place of business at 7070 Mississauga Road, Suite 350,
Mississauga, Ontario, Canada L5N 7J8. Gilead and Patheon are sometimes referred to herein individually as a “
Party ” and collectively as the “ Parties ”.
WHEREAS , Gilead Sciences will require the manufacture and supply of Drug Products (as hereinafter
defined) for clinical use and commercial distribution and sale in the Territory and Gilead World will require the
manufacture and supply of Drug Products for commercial distribution and sale in the Territory; and
WHEREAS , Patheon possesses suitable facilities to manufacture, package and test Drug Products and
will process, package and test Drug Products according to the terms and conditions set forth below; and
WHEREAS , Patheon is currently carrying out commercial manufacturing of Tenofovir DF Tablets (with