Exhibit 10.42
AMENDMENT NO. 1 CO-PROMOTION
AGREEMENT
CV THERAPEUTICS,
INC.
AND
SOLVAY PHARMACEUTICALS,
INC.
This Amendment No. 1 to
CO-PROMOTION AGREEMENT (hereinafter “Amendment”) is
made on the 6th day of March, 2006, between Solvay Pharmaceuticals,
Inc., a corporation organized and existing under the laws of the
State of Georgia and having a principal place of business at 901
Sawyer Road, Marietta Georgia 30062, U.S.A. (hereinafter
“Solvay”) and CV THERAPEUTICS, INC., a corporation
organized and existing under the laws of the State of Delaware and
having a principal place of business at 3172 Porter Drive, Palo
Alto, California 94304, U.S.A. (hereinafter “CV
Therapeutics”).
WHEREAS , CV Therapeutics and Solvay entered into an
CO-PROMOTION AGREEMENT effective on December 6,2004
(hereinafter “Agreement”); and
WHEREAS , CV Therapeutics and Solvay desire to amend
that Agreement as set forth in this Amendment.
NOW, THEREFORE
, CV Therapeutics and Solvay, in
consideration of their mutual promises, understand and agree as
follows:
|
|
1.
|
Section 4.1(a)(iii) of the Agreement is
hereby amended in its entirety to read as follows:
|
“(iii) The Baseline will be
prorated for any partial calendar quarter occurring during the
Term. The initial value of the Baseline will be [*] per calendar
quarter,
