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AMENDMENT
TO THE
FINISHED PRODUCT SUPPLY AGREEMENT
This Amendment
(the “ Amendment ”) is made and entered into as
of August 26, 2005 by and between Janssen Pharmaceutica, NV, a
business corporation organized under the Laws of Belgium, having
its principal office at B-2340 Beerse, Turnhoutseweg 30, Belgium
(hereinafter referred to as “ Janssen ”) and
Barrier Therapeutics, Inc., a Delaware corporation having an
address at 600 College Road East, Suite 3200, Princeton, New
Jersey 08540 (hereinafter referred to as “ Barrier
”).
WHEREAS,
Janssen and Barrier are parties to that certain Finished Product
Supply Agreement dated July 14, 2004 (the “ Original
Agreement ”); and
WHEREAS,
Janssen and Barrier desire to make certain amendments to the
Original Agreement pursuant to the terms of this
Amendment.
NOW, THEREFORE,
in consideration of the above premises and the covenants contained
herein, the parties agree as follows:
1. The Original
Agreement is hereby amended as follows:
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1.1.
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Section 3.2 of the Original
Agreement is hereby deleted and replaced in its entirety with the
following:
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“The Price ex-works for the
Finished Product shall be: tube of 60 gram: €
1.00 (one Euro) per
unit.”
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1.2.
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Section 4.1 of the Original
Agreement is hereby deleted and replaced in its entirety with the
following:
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“BARRIER commits to purchase a
total of 1,000,000 (one million) 60 gram tubes prior to
June 30, 2008.
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In
case this Agreement is terminated for whatever reason except breach
of contract by JANSSEN but including without limitation termination
under Article&n
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