SECOND AMENDMENT TO THE
COMMERCIAL SERVICES AGREEMENT
This Second Amendment to the Commercial Services Agreement (this “ Second Amendment ”) is made
day of May, 2009 (the “ Amendment Effective Date ”), by and between ASTRAZENECA
PHARMACEUTICALS LP, a Delaware limited partnership (“ AstraZeneca ”), and CUBIST
PHARMACEUTICALS, INC., a Delaware corporation (“ Cubist ”).
WHEREAS, AstraZeneca and Cubist previously entered into that certain Commercial Services
Agreement between AstraZeneca and Cubist, dated as of July 1, 2008 (as amended as of February 26, 2009,
the “ Agreement ”); and
WHEREAS, AstraZeneca and Cubist desire to amend the Agreement to revise the Promotion Plan set
forth in Exhibit M of the Agreement.
NOW THEREFORE, in consideration of the premises and the mutual covenants set forth herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Critical Care Target Accounts . Exhibit M to the Agreement is hereby amended so that as of the
Amendment Effective Date, the second sentence of Paragraph 1 of the Promotion Plan is hereby deleted and
replaced with the following: “[ ]*. For purposes of a Detail to [ ]* , “Detail” shall mean a Representative of
the Sales Force meeting with [ ]* or providing an in-service for [ ]* at which [ ]* is in attendance, such that
the relevant characteristics of the Product are described by the Representative consistent with the
requirements of this Agreement and Applicable Law and in a manner that is customary in the industry for the
purpose of promoting a prescription pharmaceutical product.”
2. Definitions . All terms used, but not defined, in this Second Amendment shall have the respective
meanings set forth in the Agreement.
3. Construction . The principles set forth in Section 1.2 of the Agreement shall apply to t