Exhibit 10.79
Amendment Number Two
To That Certain Agreement by and between Xxxxxxxxxx Laboratories, Inc.,
and Xxxxxxxxxx Laboratories Belgium, N.V. and CSC Pharmaceuticals
HandelsGmbhH., Vienna, Austria
This attachment amends and revises that certain Sales Distribution
Agreement dated April 17, 1998, by and between Xxxxxxxxxx Laboratories,
Inc., and Xxxxxxxxxx Laboratories Belgium N.V. (together hereinafter
referred to as "Xxxxxxxxxx") and CSC Pharmaceuticals HandelsGmbH.,
Vienna, Austria ("CSC").
Article 7. Trademarks
7.5.a. In the event Xxxxxxxxxx in the five- (5-) year
period after the termination of this Agreement
distributes the Products in the Territory under the
Trademarks registered by CSC (RADIADERMA AND DIABDERMA),
directly or through an Affiliate Company or a
Distributor other than CSC, Xxxxxxxxxx shall pay CSC, as
consideration for the goodwill created by CSC, a sum
corresponding to the average of the invoiced amount of
the Products made by CSC in the Territory during the
three- (3-) year period before the termination of this
Agreement.
7.5.b. In the event CSC, during the term of this contract
or subsequent renewals of this contract, breaches the
contract and replaces Xxxxxxxxxx as the developer and
manufacturer of the finished products sold under the
trademarks Radiaderma and Diabderma and registered by
CSC, CSC shall pay Xxxxxxxxxx as consideration for the
research, composition of matter development and clinical
efforts to support the original products, a sum
corresponding to the average of the invoiced amount of
the products sold by CSC in the territory during the
three (3) year period before the replacement of
Xxxxxxxxxx produced products.
This Amendment shall become effective upon its execution by both
parties.
All other terms and conditions of the Agreement remain unchanged.
AGREED AND ACCEPTED BY:
XXXXXXXXXX LABORATORIES, INC. XXXXXXXXXX LABORATORIES BELGIUM N.V.
/s/ Xxxxxxx X. Xxxxxx /s/ Xxxxxxx X. Xxxxxx
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Name: Xxxxxxx X. Xxxxxx, Ph.D., X.Xx. Name: Xxxxxxx X. Xxxxxx, Ph.D., X.Xx.
Title: President & CEO Title: President & CEO
CSC PHARMACEUTICALS, HANDELSGMBH DATE: February 14, 2000
/s/ Xx. Xxxxxxx Xxxxxxxxx
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Name: Xx. Xxxxxxx Xxxxxxxxx
Title: CEO
