FIRST AMENDMENT TO AGREEMENT BETWEEN CARACO PHARMACEUTICAL LABORATORIES LTD AND SUN PHARMACEUTICAL INDUSTRIES LIMITED
Exhibit
10.33
FIRST
AMENDMENT TO
BETWEEN
AND
SUN
PHARMACEUTICAL INDUSTRIES LIMITED
THIS
FIRST AMENDMENT (“AMENDMENT”) TO AGREEMENT, made this 15th day of January 2010
(“Effective Date”), by and between CARACO PHARMACEUTICAL LABORATORIES, LTD., a
Michigan corporation (“Caraco”), which has an office at 0000 Xxxxxx XxXxx Xxxxx,
Xxxxxxx, XX 00000, X.X.X. and SUN PHARMACEUTICAL INDUSTRIES LIMITED, an Indian
corporation (“Sun”) having an office at XXXXX, Xxxxxxxx, Xxxxxxxx 000 000
Xxxxx.
WHEREAS,
Sun and Caraco entered into that certain Agreement (the “Agreement”) pursuant to
which Caraco markets Sun generic pharmaceutical products which require ANDAs in
the United States of America, its territories and possessions, including Puerto
Rico (the "Territory") and Sun agreed to sell products, whether developed or
under development and/or whether ANDA approved or under ANDA approval, to Caraco
for marketing and sale by Caraco in the Territory.
WHEREAS,
the Agreement has an initial term of three (3) years, and the parties to desire
to extend the Agreement in accordance with its terms.
NOW,
THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto, intending to be legally bound,
hereby amend the agreement as follows:
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1.
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EXTENSION
OF TERM
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2.
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ENTIRE
AGREEMENT
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This
Amendment and any documents executed and delivered pursuant hereto
constitute the entire agreement between the parties with respect to the
subject matter contained herein, and supersede all prior and
contemporaneous oral and written communications and agreements with
respect thereto.
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1
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3.
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COUNTERPARTS
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This
Amendment may be executed in one or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and
the same instruments.
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5.
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HEADINGS
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Headings
of sections shall be deemed to be included for purposes of convenience
only and shall not affect the interpretation of this
Amendment.
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6.
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GOVERNING
LAW
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This
Amendment shall be governed by and construed in accordance with the laws
of the State of Michigan, and the federal laws of the United
States.
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[Signature
Page Follows]
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IN
WITNESS WHEREOF, the parties hereto have executed this Amendment, themselves or
by their duly authorized representatives, under seal, the day and year first
above written.
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CARACO
PHARMACEUTICAL LABORATORIES, LTD.
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By:
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/s/
Xxxxxxxx X. Xxxxx
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(signature)
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Name:
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Xxxxxxxx
X. Xxxxx
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(printed)
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Title:
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Chief
Executive Officer
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SUN
PHARMACEUTICAL INDUSTRIES LIMITED
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By:
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/s/
Xxxxxx X. Xxxxx
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(signature)
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Name:
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Xxxxxx
X. Valiai
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(printed)
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Title:
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Whole
Time Director
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