Common use of Designation as Authorized Distributor Clause in Contracts

Designation as Authorized Distributor. Impax and Impax’s Permitted Subcontractor(s) shall be an Authorized Distributor of Record solely for the Product for purposes of the requirements of the Prescription Drug Marketing Act of 1987 (“PDMA”) and shall comply with the PDMA, FDA regulations and applicable state law requirements regarding the Marketing, sale and distribution of the Product, including but not limited to applicable wholesale drug distribution licensing guidelines and requirements. Impax and Impax’s Permitted Subcontractor(s) shall indicate that it is a Wyeth Authorized Distributor solely for the Products on Sample Receipt Forms and Sample Request Forms, if any. Impax and Impax’s Permitted Subcontractor(s) shall not attempt to source, purchase, trade, exchange or otherwise obtain Wyeth products or Products from entities other than Wyeth and shall not represent to others that its Authorized Distributor status for any product other than with the Products.