September 1, 2006 EXECUTION COPYTermination of Co-Promotion Agreement • September 5th, 2006 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • New York
Reference is made to the Co-Promotion Agreement between Oscient Pharmaceuticals Corporation (“Oscient”) and Auxilium Pharmaceuticals, Inc. (“Auxilium”), dated April 11, 2005 (the “Agreement”). This letter agreement sets forth the terms and conditions upon which Oscient and Auxilium have mutually agreed to terminate the Agreement. All capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Agreement. The terms and conditions of the mutual termination are as follows:
