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EXTENSION AND AMENDMENT TO PROMOTION AND COOPERATION AGREEMENT

Promotion Agreement

EXTENSION AND AMENDMENT TO PROMOTION AND
COOPERATION AGREEMENT

 | Document Parties: COLLAGENEX PHARMACEUTICALS INC | Primus Pharmaceuticals, Inc. You are currently viewing:
This Promotion Agreement involves

COLLAGENEX PHARMACEUTICALS INC | Primus Pharmaceuticals, Inc.

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Title: EXTENSION AND AMENDMENT TO PROMOTION AND COOPERATION AGREEMENT
Date: 3/16/2007
Industry: Biotechnology and Drugs    

EXTENSION AND AMENDMENT TO PROMOTION AND
COOPERATION AGREEMENT

, Parties: collagenex pharmaceuticals inc , primus pharmaceuticals  inc.
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Exhibit 10.30

EXTENSION AND AMENDMENT TO PROMOTION AND
COOPERATION AGREEMENT

WHEREAS

CollaGenex Pharmaceuticals Inc., a corporation established under the laws of Delaware with offices at 41 University Drive, Newtown, PA 18940, (“CollaGenex”), and

Primus Pharmaceuticals, Inc. a company having its principal place of business at 4725 North Scottsdale Road, Suite 200, Scottsdale AZ 85251 (“Primus”)

Entered into a Promotion and Cooperation Agreement dated as of June 6, 2005 (the “Agreement”); and

WHEREAS, after discussions CollaGenex and Primus wish to extend and amend the terms of the Agreement;

NOW THEREFORE CollaGenex and Primus agree as follows:

1.             Sales Targets .  The Sales Targets and the time periods to which they relate in Section 3(g) of the Agreement are amended by revising Section 3(g) to read as follows:

Sales Targets .  CollaGenex shall achieve at least the following combined levels of sales of the Products in the Territory, calculated with reference to prescriptions filled data available from industry standard and commercially available sources approved by the Steering Committee and assuming sales at Net Sales Price (as defined on Exhibit D), during the following time periods:

Between 7/1/06 and 12/31/06

 

$1,600,000

Between 1/1/07 and 12/31/07

 

$3,600,000

 

Between 1/1/08 and 12/31/08 and for any annual renewal periods thereafter, the Steering Committee shall set sales targets.

2.             Marketing Expenses and Allocation of Marketing Expenses .  Sample expense shall be treated as a marketing expense, to be paid initially by Primus and then made part of the quarterly adjustment process conducted by the Steering Committee such that marketing expenses are allocated between the parties, 60% to be paid by CollaGenex and 40% to be paid by Primus.  Accordingly,

2.1           Section 4(f) of the Agreement is amended to read as follows:

Samples All samples shall be purchased by Primus and subsequently supplied to CollaGenex in accordance with the procedure outlined in Exhibit B.  Primus will continually work to decrease the overall cost of samples.  The Steering Committee will define a sample plan to determine allocations of samples and to minimize cost of samples.  Primus will be responsible for submitting sample forecasts to their manufacturer and assuring that samples are available to support the sample plan

 



determined by the Steering Committee and based on the sample forecasts provided by CollaGenex per Section 3(e). [the remainder of original Section 4(f) is deleted]

2.2    &n


 
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