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AMENDMENT TO AMENDED
AND RESTATED PROMOTION AGREEMENT
This Amendment to Amended and Restated Promotion Agreement (this “Amendment”) is made as of February 16, 2009.
BY AND BETWEEN:
Depomed, Inc. , a California corporation having its principal place of business at 1360 O’Brien Drive, Menlo Park, CA 94025 (hereafter “Depomed”),
Watson Pharma, Inc. , a Delaware corporation having its principal place of business at 360 Mount Kemble Avenue, Morristown, NJ 07960 (hereafter “Watson”).
WHEREAS , Watson and Depomed (hereafter “the Parties”) entered into an Amended and Restated Promotion Agreement on September 18, 2007 (the “Agreement”), whereby Depomed engaged Watson to promote and market Proquin ® XR (“Product”) in the U.S. and its territories (“Territory”);
WHEREAS , the Parties now wish to further amend the Agreement pursuant to the conditions set forth herein.
NOW THEREFORE , it is mutually agreed as follows:
1. Section 4.1 Product Promotion. Subsections (h) through (j) shall be replaced in their entirety with the following new subsections:
“(h) During the Agreement Quarter beginning on January 1, 2009, Watson shall perform a minimum of 10,000 P2 Details and 6,000 sample calls to Professionals on the Watson Physician List within both the Urology Field and Ob/GYN Field, which are current prescribers of the Product.”
“(i) During each of the Agreement Quarters beginning on April 1, 2009 and ending December 31, 2009, Watson shall perform a minimum of 6,000 sample calls to Professionals on the Watson Physician List.”
“(j) [Intentionally omitted]”
2. Section 6.1 Obligations of Depomed . This Section shall be replaced in its entirety with the following:
“6.1 [Intentionally Omitted]”
3. Section 6.3 Volume Forecasts . This Section shall be replaced in its entirety with the following: