Xxx, X.X.
0000 Xxxx Xxxxxx Xxxxxxxxx Xxxxx
Xxxx, Xxxxxxxxxx 00000
707-224-3200
April 28, 1999
EM Pharma, Inc.
0000 Xxxx Xxxxxx Xxxxxxxxx Xxxxx
Xxxx, Xxxxxxxxxx 00000
Attention: President and Chief Executive Officer
Reference is made to the Management Services Agreement (the
"Agreement"), dated as of September 1, 1998, between EM Pharma, Inc., a Delaware
corporation, and Xxx, X.X., a Delaware limited partnership.
Notwithstanding the provisions of the Agreement, in accordance with
Section 3.5 of the Agreement, the parties hereby agree that the amount payable
by the Company to Xxx pursuant to Section 1.2 of the Agreement, with respect to
the period from April 1, 1999 to December 31, 1999, shall be $75,000.
If you agree with the foregoing, please sign below and forward the same
to the Company, whereupon the foregoing shall become a binding agreement between
you and the Company.
Very truly yours,
XXX, X.X.
by Xxx, Inc., its general partner
By: /s/ Xxxxxxx X. Xxxx
---------------------------------
Name: Xxxxxxx X. Xxxx
Title: President and CEO
The foregoing is hereby
accepted as of the
date first written above
EM PHARMA, INC.
By: /s/ Xxxxxx X. Xxxxx
---------------------------------
Name: Xxxxxx X. Xxxxx
Title: Executive Vice President and CFO