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EXHIBIT 10.3(e)
FIFTH AMENDMENT TO AGREEMENT
This Fifth Amendment to Agreement ("Fifth Amendment") is made by and
between Atrix Laboratories, Inc., a Delaware Corporation ("Atrix"). with its
principal place of business at 0000 Xxxxxxxx Xxxxx, Xxxx Xxxxxxx, Xxxxxxxx
00000-0000; and Block Drug Corporation, a New Jersey corporation ("Block"), with
its principal place of business at 000 Xxxxxxx Xxxxxx, Xxxxxx Xxxx, Xxx Xxxxxx
00000-0000, effective as of this 27th day of January, 1999, with respect to that
certain Agreement dated as of December 16, 1996 (the "Agreement"), between Atrix
and Block, as amended by (i) that certain First Amendment to Agreement dated as
of June 10, 1997, (ii) that certain Second Amendment to Agreement dated as of
July 31, 1997, (iii) that certain Third Amendment to Agreement dated February 4,
1998, and (iv) that certain Fourth Amendment to Agreement dated as of January
12, 1999.
WHEREAS, the parties desire to further amend the Agreement on the terms
and conditions set forth herein.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereto hereby amend
the Agreement as follows:
1. Article III is hereby amended by the addition of the following
Section 3.08:
Section 3.08. Increased Sales Support for Atridox(R): [**].
2. Article III is hereby amended by the addition of the following
Section 3.09:
Section 3.09. Reimbursement of Increased Sales Support. [**].
3. All capitalized terms used and not otherwise defined herein shall have the
same meanings as set forth in the Agreement.
4. Except as expressly modified by the terms hereof, the terms and provisions
of the Agreement, as amended by the First, Second, Third and Fourth
Amendments, shall remain in full force and effect as originally written.
5. Signatures on this Fifth Amendment may be communicated by facsimile
transmission and shall be binding upon the parties transmitting the same by
facsimile transmission. Counterparts with original signatures shall be
provided to the other party within five (5) days of the applicable
facsimile transmission; provided, however, that failure to provide the
original counterpart shall have no affect on the validity or binding nature
of this Fifth Amendment. If executed in counterparts, this Fifth Amendment
will be as effective as if simultaneously executed.
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** Confidential Treatment Requested by Atrix on March 23, 1999
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IN WITNESS WHEREOF, the parties hereto have executed this Fifth
Amendment as of the date first written above.
ATRIX LABORATORIES, INC. BLOCK DRUG CORPORATION
By: /s/ Xxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxx
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Xxxx X. Xxxxxx, Vice Chairman Xxxxx X. Xxxx
and Chief Executive Officer President, U.S. Division
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ATTACHMENT A
[**]
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** Confidential Treatment Requested by Atrix on March 23, 1999
