0001104659-13-053393 Sample Contracts

AMENDED AND RESTATED CHANGE OF CONTROL AND SEVERANCE AGREEMENT
Change of Control and Severance Agreement • July 5th, 2013 • Vivus Inc • Pharmaceutical preparations • California

This Amended and Restated Change of Control and Severance Agreement (the “Agreement”) is made and entered into effective as of July 1, 2013, by and between (the “Employee”) and VIVUS, Inc., a Delaware corporation (the “Company”). The Agreement amends, restates and replaces the Change in Control and Severance Agreement previously entered into between Employee and the Company, which was dated September 4, 2009 (the “Prior Agreement”).

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