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FIRST AMENDMENT TO THE MASTER DEVELOPMENT AND
TOLL MANUFACTURING AGREEMENT
BETWEEN ENDO PHARMACEUTICALS INC.
AND NOVARTIS CONSUMER HEALTH, INC.
The
confidential portions of this exhibit have been filed separately
with the Securities and Exchange Commission pursuant to a
confidential treatment request in accordance with Rule 24b-2
of the Securities and Exchange Act of 1934, as amended. REDACTED
PORTIONS OF THIS EXHIBIT ARE MARKED BY AN ***.
This First
Amendment to the Master Development and Toll Manufacturing
Agreement by and between Endo Pharmaceuticals Inc.
(“Endo”) and Novartis Consumer Health, Inc.
(“Novartis”) is effective as of February 1, 2003
(this “Amendment”).
WHEREAS, Endo
and Novartis entered into an agreement dated May 3, 2001 (the
“Agreement”), whereby Novartis agreed to perform
certain Services on behalf of Endo as set forth therein;
and
WHEREAS, Endo
and Novartis desire to incorporate additional Products into such
Agreement. Therefore, the Agreement shall be amended as set forth
below.
NOW THEREFORE,
for good and valuable consideration, the receipt of which is hereby
acknowledged, the parties hereto agree as follows:
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1.
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Unless set forth herein, the
capitalized terms contained in this Amendment shall have the
meanings set forth in the Agreement.
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2.
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ANNEX A shall be amended and
restated in its entirety with the Annex A attached hereto and made
a part hereof in its entirety.
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3.
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ANNEX B shall be amended and
restated in its entirety with the Annex B attached hereto and made
a part
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