0001047469-14-001597 Sample Contracts

AMENDED AND RESTATED EMPLOYMENT AGREEMENT (Mark Glickman)
Employment Agreement • February 28th, 2014 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • Pennsylvania

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is entered into this 19th day of December, 2013 (the “Effective Date”), by and between Auxilium Pharmaceuticals, Inc. (the “Company”) and Mark Glickman (“Executive”).

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COMMERCIAL SUPPLY AGREEMENT
Commercial Supply Agreement • February 28th, 2014 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS COMMERCIAL SUPPLY AGREEMENT (this “Agreement”) is entered into and effective as of October 10, 2013 (the “Effective Date”) by and between VIVUS, Inc., a Delaware corporation with its principal place of business at 351 E. Evelyn Avenue, Mountain View, CA 94041 (“VIVUS”), and Auxilium Pharmaceuticals, Inc., a Delaware corporation having its principal place of business at 640 Lee Road, Chesterbrook, PA 19087 (“Purchaser”). VIVUS and Purchaser are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (Adrian Adams)
Employment Agreement • February 28th, 2014 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations

THIS AMENDMENT (this “Amendment”) is entered into this 19th day of December, 2013 (the “Effective Date”), by and between Auxilium Pharmaceuticals, Inc. (the “Company”) and Adrian Adams (“Executive”).

AUXILIUM PHARMACEUTICALS, INC.
Deferred Stock Unit Grant Agreement • February 28th, 2014 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

Auxilium Pharmaceuticals, Inc. (the “Company”) has granted you deferred stock units under the Auxilium Pharmaceuticals, Inc. 2004 Equity Compensation Plan, as amended and restated (the “Plan”). The terms of the grant are set forth in this Summary of Grant, the Deferred Stock Unit Grant Agreement (the “Agreement”) attached hereto and the Plan. You should read this Summary of Grant, the Agreement, and the Plan, to fully understand the grant.

LICENSE AND COMMERCIALIZATION AGREEMENT dated as of October 10, 2013 by and between VIVUS, INC. and AUXILIUM PHARMACEUTICALS, INC.
License and Commercialization Agreement • February 28th, 2014 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is entered into as of the 10th day of October 2013 (the “Effective Date”) by and between VIVUS, INC., a Delaware corporation having its principal offices at 351 E. Evelyn Ave., Mountain View, CA 94041 (“VIVUS”), and AUXILIUM PHARMACEUTICALS, INC., a Delaware corporation having a place of business at 640 Lee Road, Chesterbrook, PA 19087. (“Auxilium”). VIVUS and Auxilium are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

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