Exhibit 10.1
AMENDMENT TO
AMENDED
AND RESTATED PROMOTION
AGREEMENT
This Amendment to Amended and Restated Promotion
Agreement (this “Amendment”) is made as of
February 16, 2009.
BY AND BETWEEN:
Depomed, Inc. , a California corporation having its principal
place of business at 1360 O’Brien Drive, Menlo Park, CA 94025
(hereafter “Depomed”),
AND:
Watson Pharma, Inc. , a Delaware corporation having its principal
place of business at 360 Mount Kemble Avenue, Morristown, NJ 07960
(hereafter “Watson”).
WITNESSETH:
WHEREAS , Watson and Depomed (hereafter “the
Parties”) entered into an Amended and Restated Promotion
Agreement on September 18, 2007 (the “Agreement”),
whereby Depomed engaged Watson to promote and market Proquin
® XR (“Product”) in the U.S. and
its territories (“Territory”);
WHEREAS , the Parties now wish to further amend the
Agreement pursuant to the conditions set forth herein.
NOW THEREFORE , it is mutually agreed as follows:
1.
Section 4.1 Product Promotion. Subsections (h) through
(j) shall be replaced in their entirety with the following new
subsections:
“(h)
During the Agreement Quarter beginning on January 1, 2009,
Watson shall perform a minimum of 10,000 P2 Details and 6,000
sample calls to Professionals on the Watson Physician List within
both the Urology Field and Ob/GYN Field, which are current
prescribers of the Product.”
“(i)
During each of the Agreement Quarters beginning on April 1,
2009 and ending December 31, 2009, Watson shall perform a
minimum of 6,000 sample calls to Professionals on the Watson
Physician List.”
“(j)
[Intentionally omitted]”
2.
Section 6.1 Obligations of Depomed
. This Section shall be
replaced in its entirety with the following:
“6.1
[Intentionally Omitted]”
3.
Section 6.3 Volume Forecasts . This Section shall be replaced in
its entirety with the following:
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