Amendments to the Supply Agreement. To the extent that the provisions of this Addendum are in conflict with Sections 2.2 and 2.9 of the Supply Agreement, Sections 2.2 and 2.9 shall be deemed to be amended by this Addendum. The provision regarding Minimum Revenues in this Addendum shall supersede the provisions for minimum number of Product to be purchased by Xxxxxxx pursuant to Section 2.11 of the Supply Agreement for the ten (10) calendar years following Regulatory Approval of Product. Except as provided in the foregoing two sentences, all of the provisions of the Supply Agreement shall remain in full force and effect.
Amendments to the Supply Agreement. The terms and conditions of the Supply Agreement shall apply to the development of [*]Product, except as provided in this Section 8:
Amendments to the Supply Agreement. The Supply Agreement shall be amended as set forth below:
Amendments to the Supply Agreement. Subject to the terms and conditions of the Agreement, the Supply Agreement is hereby, as of the Effective Date of the Manufacturing Rights Agreement, amended as follows:
1. All references in the Supply Agreement to “SutroVax” are replaced with “Vaxcyte.”
2. Section 2.18 of the Supply Agreement is hereby restated in its entirety as follows:
Amendments to the Supply Agreement. The Supply Agreement is hereby amended as follows:
(a) The heading is amended and restated in its entirety to read as follows: "Product Supply Agreement".
(b) All references to "Penn" are deleted and replaced by "CUK".
Amendments to the Supply Agreement. The Supply Agreement is hereby amended as follows:
(a) The definition of “Capital Recovery Amount” contained in Paragraph 6 of Article 1 is hereby deleted in its entirety and replaced with the following language: ***Indicates a portion of this Exhibit that has been omitted and filed separately with the Secretary of the United States Securities and Exchange Commission pursuant to Prestige Brands Holdings, Inc.'s application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934.
Amendments to the Supply Agreement. 1.1 Delete Paragraphs 3.3, 3.4 and 3.5 in their entirety and substitute therefor the following:
Amendments to the Supply Agreement. The terms and conditions of the Supply Agreement shall apply to the development of [*]Product, except as provided in this Section 8:
a. The first sentence of Section 13 of the Supply Agreement shall be amended by replacing such sentence in its entirety with the following: “For each 12 month period subsequent to November 6, 2012 for which Par has exclusive distribution rights to the Licensed Product and [*]Product, if sales of the Licensed Product and [*]Product, collectively, drops below [*] of the overall market share for transdermal [*] system products for 5 consecutive months, based upon unit sales of the Licensed Product and [*]Product, collectively, in the Territory, as defined by standard industry measures such as IMS or Xxxxx-Xxxxx, then upon 30-days’ written notice by Corium, Par’s exclusive rights to the Licensed Product and [*]Product in the Territory shall become nonexclusive.”
b. Notwithstanding Section 18 of the Supply Agreement, the provisions of this Amendment shall prevail with respect to those matters specifically addressed herein.
Amendments to the Supply Agreement. 2.1 The Commercial Launch Plan (i.e. Exhibit C to the Supply Agreement) shall be amended so to replace the same with the following wording, which shall be deemed as entirely superseding the Commercial Launch Plan (i.e. Exhibit C to the Supply Agreement) originally agreed upon between the Parties and be deemed as it had been part of the Supply Agreement as from the date of execution of this latter: Pre NDA MTG with FDA [***] NDS Submission Date [***] NDS Anticipated Approval Date [***] Commercial Launch [***]
2.2 For the avoidance of doubt, any references made in the Supply Agreement to the Commercial Launch Plan (i.e. Exhibit C to the Supply Agreement) shall be deemed and construed as if they had been made to the Commercial Launch Plan (i.e. Exhibit C to the Supply Agreement) as amended by this Deed.
Amendments to the Supply Agreement
