Exclusivity Agreement between Shanghai No.1 Biochemical and Pharmaceutical Co., Ltd. and Amphastar Pharmaceuticals, Inc.
Shanghai No.1 Biochemical and Pharmaceutical Co., Ltd. (SBPC) agrees to exclusively supply Amphastar Pharmaceuticals, Inc. with Heparin Sodium active ingredient from porcine origin for sale in North America. Amphastar commits to purchase this raw material only from SBPC at mutually agreed prices and quantities. SBPC will ensure the product meets USP standards, and Amphastar will help SBPC with regulatory filings before the U.S. FDA. The agreement lasts for 10 years, is renewable, and requires both parties to keep all business confidential. California law governs the agreement.
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Exhibit 10.25a
Exclusivity Agreement
We are writing to verify that Shanghai No.1 Biochemical and Pharmaceutical Co., Ltd. ("SBPC") agrees to exclusively sell Heparin Sodium pharmaceutical active ingredient from porcine origin (the "Raw Materia1") to Amphastar Pharmaceutica1s, Inc. ("Amphastar") in North America and Amphastar agrees to purchase the Raw Material only from SBPC.
SBPC specializes in production of the Raw Material from the porcine tissue(s). SBPC further agrees to supply quality raw material that satisfies the USP specifications. Amphastar intends to assist SBPC submit and maintain DMF for the Raw Material in front of U.S. Food and Drug Administration. Amphastar further commits to purchase the Raw Material from SBPC by mutually agreed price and amount.
The term of this agreement is 10 years and renewable, from the date of signing this agreement.
By signing this agreement, both parties agree to keep all business conducted strictly confidential. This agreement shall be construed under the laws of the State of California.
| Representative of Shanghai No. 1 Biochemical and Pharmaceutical Co., Ltd. | Representative of Amphastar Pharmaceuticals, Inc. | ||
| Signature: /s/ SHEN CAIDE | Signature: /s/ TONY KWAN | ||
| Printed Name: Shen Caide | Printed Name: Tony Kwan | ||
| Title: Manager of International Trade Department | Title: Director, Exec. Office | ||
| Date: 5.3.2004 | Date: 3/24/2004 | ||
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