0001104659-13-013572 Sample Contracts

THIRD AMENDMENT TO AGREEMENT
Third Amendment to Agreement • February 25th, 2013 • Vivus Inc • Pharmaceutical preparations

This Third Amendment to the Agreement (hereinafter referred to as this “Amendment”) is made and effective as of the 21st day of February, 2013 (hereinafter referred to as the “Amendment Effective Date”) by and between MITSUBISHI TANABE PHARMA CORPORATION, a corporation with its principal office at 6-18, Kitahama 2-chome, Chuo-ku, Osaka, 541-8505, Japan (hereinafter referred to as “MTPC”), and VIVUS, INC., a corporation with its principal office at 1172 Castro Street, Mountain View, California, 94040, United States of America (hereinafter referred to as “VIVUS”).

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