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Exhibit 10.3
Confidential
treatment has been requested for portions of this exhibit. The copy
filed herewith omits the information subject to the confidentiality
request. Omissions are designated as [*]. A complete version of
this exhibit has been filed with the Securities and Exchange
Commission pursuant to Rule 24b-2 of the Securities Exchange Act of
1934, as amended.
CONFIDENTIAL TREATMENT REQUESTED BY BRADLEY PHARMACEUTICALS,
INC.
A MENDMENT, E XTENSION AND N OVATION
OF
C ORE D ISTRIBUTION
A GREEMENT
BY AND BETWEEN
M C K ESSON C ORPORATION AND B RADLEY
P HARMACEUTICALS, I
NC.
This
Agreement is entered into on the last date signed below (the
“Effective Date”), by and between B RADLEY P HARMACEUTICALS , I
NC . (“Bradley”) and M
C K ESSON C ORPORATION (“McKesson”).
On
September 7, 2005, Bradley and McKesson entered into a “Core
Distribution Agreement” effective on October 1, 2004,
governing McKesson’s distribution of certain pharmaceutical
products marketed by Bradley (the
“Agreement”).
Now
Bradley and McKesson desire to amend the Agreement to extend the
term thereof, to provide for renewal terms, to modify inventory
levels, and to change the fee structure payable by Bradley to
McKesson.
Bradley
and McKesson now agree as follows:
1.
The language of the
following sections of the Agreement are hereby deleted in their
entirety and replaced with the following:
Section
I.a. McKesson agrees to provide the following core distribution
services to the extent customarily performed by a full-range
pharmaceutical distributor consistent with the then current
industry practices (“Core Services”): inventory
distribution of Manufacturer’s products to McKesson’s
customers upon their orders therefore; 852 data for prescription
products including inventory levels on hand and on order in
addition to aggregate sales out; perform back-end administrative
services to support the distribution of Manufacturer’s
products and the maintenance of efficient inventory levels for
servicing customers at the ***% service level.
Attachment A
McKesson Core Distribution Agreement Fee
Service Fee Schedule
A
Servic
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