EXHIBIT 10(nn)
Note:
Certain portions of this document have been marked “
[c.i.] ” to indicate that confidential treatment has
been requested for this confidential information. The confidential
portions have been omitted and filed separately with the Securities
and Exchange Commission.
FIRST AMENDMENT TO MARKETING, DISTRIBUTION AND SUPPLY
AGREEMENT
This
FIRST AMENDMENT TO MARKETING, DISTRIBUTION AND SUPPLY AGREEMENT
(the “First Amendment”) made as of the 10th day of
January, 2007 (the “Effective Date”) among DUSA
PHARMACEUTICALS, INC., a New Jersey corporation having a principal
office and place of business at 25 Upton Drive, Wilmington,
Massachusetts, USA 01887 (hereinafter called “DUSA”),
and DAEWOONG PHARMACEUTICAL CO., LTD, a Korean corporation having a
principal office and place of business at 163-3 Samsung-dong
Gangnam-gu, Seoul, Korea, (hereinafter called
“DAEWOONG”) and DNC DAEWOONG DERMA & PLASTIC
SURGERY NETWORK COMPANY, a wholly-owned Korean subsidiary of
DAEWOONG PHARMACEUTICAL CO., LTD having a principal office and
place of business at 163-3 Samsung-dong Gangnam-gu, Seoul, Korea
(hereinafter called “DNC” and collectively with
DAEWOONG hereinafter called “D&D”).
WHEREAS, DUSA and D&D entered
into a Marketing, Distribution and Supply Agreement dated as of
January 4, 2007 (the “Agreement”); and
WHEREAS, the Parties wish to enter
into this First Amendment to clarify and amend the Agreement.
NOW, THEREFORE, the Parties agree as
follows:
1.
Milestone Payments . Section 2.4 of the Agreement shall
be amended as follows:
Section 2.4(a), second sentence,
which currently reads:
[C.I.] of the signing of this
Agreement by the Parties, D&D shall make a [C.I.] to
DUSA...”
shall be
amended to read:
“
[C.I.] of the signing of this Agreement by the Parties,
D&D shall make a [C.I.] to DUSA...”
And by adding a new subsection 2.4(d)
as follows:
