August 23, 2004
Exhibit 10.37(a)
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Reliant Pharmaceuticals, Inc. |
August 23, 2004
PRONOVA BIOCARE A.S.
Xxxxxxxx 000, Xxxxxxxxxx 0, XX-0000
Xxxxxxx, Xxxxxx
Attn: Xx. Xxxx Xxxx
Re: License & Supply Agreement
Dear Xx. Xxxx:
We refer to that certain License & Supply Agreement, dated as of August 9, 2004 (the “Agreement”), between Pronova Biocare a.s. (“Pronova”) and Reliant Pharmaceuticals, Inc. (“Reliant”).
In accordance with Sections 4.1 and 26.14 of the Agreement, Reliant hereby notifies Pronova that it has elected “Model 2” (as described in on Schedule 4.1 to the Agreement) for payments to be made to Pronova under Section 4.1 of the Agreement.
Notwithstanding the foregoing or any other provision in the Agreement to the contrary, Pronova and Reliant have agreed that Reliant shall have until 9:00 p.m., U.S. Eastern time on September 6, 2004 to change its payment election under Section 4.1 of the Agreement. Reliant confirms that, regardless of its final payment election, the initial up-front payment due under the Agreement shall be payable in accordance with the applicable provisions of Schedule 4.1 on or before September 8, 2004 (i.e., thirty (30) days after the signing of the Agreement).
Please confirm your receipt of this notice and agreement with the foregoing by signing a copy of this letter in the space provided below and returning a signed copy to Reliant.
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Very truly yours, |
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By: |
/s/ Xxxxxx Xxxxx |
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Name: Xxxxxx Xxxxx |
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Title: Chairman and CEO |
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Acknowledged and Agreed: |
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PRONOVA BIOCARE A.S. |
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By: |
/s/ Xxxx Xxxx |
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Name: Xx. Xxxx Xxxx |
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Title: CEO |
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