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FORM 10-K: 2003
EXHIBIT 10.65
AMENDMENT NO.1 TO EXCLUSIVITY TRANSFER AGREEMENT
This Amendment No.1 is made as of December 30, 2003 to the
Exclusivity
Transfer Agreement dated as of July 31,
2003 by and among ANDRX PHARMACEUTICALS,
LLC, a Delaware limited liability company,
ANDRX PHARMACEUTICALS, INC., a
Florida corporation, IMPAX LABORATORIES,
INC., a Delaware corporation, and TEVA
PHARMACEUTICALS CURACAO N.V., a Netherlands
Antilles company.
WITNESSETH:
NOW, THEREFORE; the Parties hereto hereby agree as follows:
1. Amendment. Effective as of the date of the Agreement, the
Agreement
is hereby amended to amend and restate
Section 6.2 in its entirety as follows:
"Section 6.2. Special Provisions Following and Prior to Viability
Date.
(a) In addition, any information exchanged by the Parties
following
delivery of a Viability Date Notice given
pursuant to Section 2.5(e) and (f)
shall be provided only to (1)(a) the
outside advisors (e.g. financial advisors,
lawyers or accountants) of the receiving
Party and (b) officers of the receiving
Party specifically approved by the
disclosing Party (not including sales and
marketing personnel), if any, which
approval shall not be unreasonably withheld,
and in each case of clauses (a) and (b),
who need to review such information in
connection wi
