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Exhibit 10.1

 

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”),

 

AND:

 

Watson Pharma, Inc. , a Delaware corporation having its principal place of business at 360 Mount Kemble Avenue, Morristown, NJ 07960 (hereafter “Watson”).

 

WITNESSETH:

 

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:

 

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