Exhibit 10.I Execution Copy
PURCHASE AND SUPPLY AGREEMENT
This Purchase and Supply Agreement (the "Agreement"), effective as of 5 November 1998 (the "Effective
Date"), is made by and between DUSA Pharmaceuticals, Inc., a New Jersey corporation, having executive
offices at 181 University Avenue, Suite 1208, Toronto, Ontario M5H 3M7, Canada ("DUSA"), and National
Biological Corporation, an Ohio corporation having offices at 1532 Enterprise Parkway, Twinsburg, OH 44087
A. DUSA and NBC entered into a certain Co-Development Agreement on June 2, 1995, as amended of even
date herewith (the "Co-Development Agreement") pursuant to which the parties developed a certain fluorescent
Light Source (as defined below) useful in photodynamic therapy.
B. DUSA desires to secure supply of the Light Sources as part of the commercialization of its Levulan(R)
C. NBC has the capability and know-how necessary to supply the Light Sources, all as set forth herein below.
NOW THEREFORE, for and in consideration of the covenants, conditions, and undertakings hereinafter set
forth, it is agreed by and between the parties as follows:
1.1 "Approval" shall have the meaning as set forth in Section 7.1 below.
1.2 "Blu-U(R) Trademark" shall mean the "Blu-U" trademark that DUSA has registered in connection with the
Light Sources, or such other trademark that DUSA registers for use with the Light Sources in jurisdictions in
which "Blu-U" is not selected by DUSA for use.
1.3 "Confidential Information" shall have the meaning as set forth in
Section 11.1 below.
1.4 "Control" shall mean possession by a party hereto of the ability to grant a license or sublicense to particular
subject matter as provided for herein without violating the terms of any in-license agreement or similar
arrangements with any third party under which such subject matter was acquired by such party to this Agreement.
1.5 "DUSA Technology" shall mean DUSA Patents and DUSA Technical Informatio