CONFIDENTIAL TREATMENT Amgen USA, Inc. One Amgen Center Drive Thousand Oaks, CA 91320-1799 March 22, 2007 805-447-1000Sourcing & Supply Agreement • August 2nd, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
This letter has been written to evidence the agreement reached by Amgen USA Inc. (“Amgen”) and Fresenius Medical Care Holdings, Inc. (“FMCH”) to modify and formally amend the above-referenced Agreement (the “Agreement”) by and between Amgen and FMCH for the purchase of EPOGEN® and Aranesp® effective October 1, 2006. Unless otherwise specifically defined in this letter, each term used herein shall have the meaning assigned to such term in the Agreement.
AMENDMENT NO. 1 TO AGREEMENT NO. 200600447 BETWEEN AMGEN USA INC. AND FRESENIUS MEDICAL CARE HOLDINGS, INC.Sourcing & Supply Agreement • August 2nd, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
This Amendment No. 1 (“Amendment No. 1”) to Agreement No. 200600447 (the “Agreement”) is being entered into by and among Amgen USA Inc. (“Amgen”), a wholly-owned subsidiary of Amgen Inc.; Amgen Inc.; and Fresenius Medical Care Holdings, Inc. (“FMCH”) (Amgen and FMCH each a “Party” and together, the “Parties”). This Amendment No. 1 shall be effective on January 1, 2007.
Sourcing & Supply AgreementSourcing & Supply Agreement • February 23rd, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec • Delaware
This Sourcing and Supply Agreement is entered into on the date the last party has signed this Agreement and shall be effective as of October 1, 2006, (the “Agreement”) by and among Amgen USA Inc. (“Amgen”), a wholly-owned subsidiary of Amgen Inc.; Amgen Inc.; and Fresenius Medical Care Holdings, Inc. (“FMCH”) (Amgen and FMCH each a “Party” and together, the “Parties”). Amgen Inc. is a party to this Agreement for the purposes set forth in Sections 3.2, 5.1, 6.1, 6.2, and 7.1 of this Agreement.
AMENDMENT NO. 2 TO AGREEMENT NO. 200600447 BETWEEN AMGEN USA INC. AND FRESENIUS MEDICAL CARE HOLDINGS, INC.Sourcing & Supply Agreement • August 2nd, 2007 • Fresenius Medical Care AG & Co. KGaA • Services-misc health & allied services, nec
This Amendment No. 2 (“Amendment No. 2”) to Agreement No. 200600447 (the “Agreement”) is being entered into by and among Amgen USA Inc. (“Amgen”), a wholly-owned subsidiary of Amgen Inc.; Amgen Inc.; and Fresenius Medical Care Holdings, Inc. (“FMCH”) (Amgen and FMCH each a “Party” and together, the “Parties”). This Amendment No. 2 shall be effective ten (10) days after the last party has executed this Amendment No. 2 (“Amendment No. 2 Effective Date”).
