A packaging agreement is a contract between a seller and a packaging company that procures packaging, assembling, kitting and warehouse services. When companies don't have the staff or resources at their disposal to do their own in-house packaging and other related services, it's necessary to bring in a third party. The packaging agreement creates an avenue for this relationship to exist in a way that protects both parties from harm. The contract includes details about what services are being procured, compensation, payment schedules, and more.
The purpose of the packaging agreement is to set specific terms and conditions that apply to the working relationship. It ensures that both parties understand and agree to the terms within before signing.
Certain information identified by [***] has been excluded from this exhibit because it is both not material and is the type that the registrant treats as private or confidential.
AMENDMENT TO
COMMERCIAL PACKAGING AGREEMENT
THIS AMENDMENT TO COMMERCIAL PACKAGING AGREEMENT (this “ Amendment ”) is effective as of January 14, 2019, by and among Clarus Therapeutics, Inc., a Delaware corporation, with a place of business at 555 Skokie Blvd., Suite 340, Northbrook, IL 60062 (“ Client ”), and Packaging Coordinators, LLC, a Delaware limited liability company, doing business as PCI of Philadelphia and PCI of Woodstock, with a place of business at 3001 Red Lion Road, Philadelphia, Pennsylvania 19114, USA (“ PCI ”). PCI and Client are sometimes collectively referred to herein as the “ Parties ”.
WHEREAS, Client and PCI are parties to that certain Commercial Packaging Agreement dated as of June 26, 2014 (the “ Agreement ”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement.
WHEREAS, pursuant to Section 18.1 of the Agreement, the Agreement may be amended by written amendment signed by each of the Parties; and
WHEREAS, the Parties desire to amend the Agreement as set forth herein;
NOW, THEREFORE, PCI and Client, each intending to be legally bound hereby, agree as follows:
1. Section 4.1 . Section 4.1 shall be amended and restated to read in its entirety as follows:
“4.1 Requirements . During the Initial Term, Client shall purchase [***] of its requirements for Packaging of the Bulk Product from PCI; provided that (i) such obligation shall cease upon [***] (the “ Exclusivity Requirement ”) and (ii) such obligation shall terminate in the event that PCI cannot meet the requirements set forth in any Purchase Orders supplied to PCI by Client in accordance with this Agreement.”
2. Section 16.1 . Section 16.1 shall be amended and restated to read in its entirety as follows: