Exclusivity Agreement between Shanghai No.1 Biochemical and Pharmaceutical Co., Ltd. and Amphastar Pharmaceuticals, Inc.

Summary

Shanghai No.1 Biochemical and Pharmaceutical Co., Ltd. (SBPC) agrees to exclusively supply Amphastar Pharmaceuticals, Inc. with a specific pharmaceutical ingredient, Hyaluronidase from bovine origin. Amphastar commits to purchase this ingredient only from SBPC, provided SBPC meets delivery timelines, quality standards, and quantity forecasts. The agreement lasts for seven years from the date Amphastar's product receives FDA approval and can be renewed. Both parties must keep all business dealings confidential, and the agreement is governed by California law.

EX-10.25B 18 a2152635zex-10_25b.htm EXHIBIT 10.25B
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Exhibit 10.25b

Exclusivity Agreement

We are writing to verify that Shanghai No.1 Biochemical and Pharmaceutical Co., Ltd. ("SBPC", registrar's office address is 387 Shangqiu Road, Shanghai 200080, China; and factory address is 1317 Jianchuan Road, Shanghai 200240) agrees to exclusively sell Hyaluronidase pharmaceutical active ingredient from bovine origin (the "Raw Material") to Amphastar Pharmaceuticals, Inc. ("Amphastar") and Amphastar agrees to purchase the Raw Material only from SBPC, provided SBPC can supply the Raw Material:

    i)
    on time, i.e., shipping out the Raw Material in 90 days after a purchase order is issued;

    ii)
    meet the quality requirement of the Raw Material as the attached specifications;

    iii)
    supply the required amount that is forecasted one year earlier.

SBPC specializes in production of the Raw Material from the bovine testes. Amphastar intends to purchase the Raw Material to manufacture Hyaluronidase Injection USP to be approved by the U.S. Food and Drug Administration (FDA). SBPC further agrees to supply quality raw material that satisfies the attached specifications and Amphastar commits to purchase the Raw Material from SBPC by mutually agreed price and amount.

The term of this agreement is 7 years and renewable, from the date of the FDA's approval of Amphastar's Hyaluronidase Injection application.

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:   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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Exhibit 10.25b