Evofem amends PHEXXI supply agreement with Windtree; adjusts pricing, forecast, and termination rights

Evofem Biosciences, Inc.

Purchase price set at $15 per 12-count box for first 3 years or until tech transfer costs recovered.
Binding forecast period adjusted to 4 months; Buyer can reduce orders up to 20% within that period without penalty.
If supply chain disruptions persist 90 days, Buyer may terminate agreement with no further liability.
Two instances of non-conforming product in 12 months allows Buyer termination.
Supplier's liability capped at greater of $1M or 12 months of payments, excluding certain breaches.

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