Mutual Waiver of Damages

EX-10.119 13 d13234exv10w119.txt MUTUAL WAIVER OF DAMAGES EXHIBIT 10.119 CORAM HEALTHCARE 1675 Broadway Suite 900 Denver, Colorado 80202 ###-###-#### / 800 CORAM WC ###-###-#### FAX www.coramhc.com April 2, 2004 Rosalee Satterthwaite National Accounts Manager Baxter Healthcare Corporation 1627 Lake Cook Road Deerfield, Illinois 60015 Re: Mutual Waiver of Damages Dear Ms. Satterthwaite: The purpose of this letter is to confirm the agreement of Baxter Healthcare Corporation ("Baxter") and Coram, Inc. ("Coram") that, as of the date written below, each of Baxter and Coram expressly waive any claim of antecedent breach for claims for monetary damages, liquidated or otherwise, arising out of the other party's breach of the Product Volume Commitment Agreement dated December 19, 2001 by and between Baxter and Coram, as amended by the First Amendment to Hemophilia Product Volume Commitment Agreement dated December 13, 2002 and the Second Amendment to Hemophilia Product Volume Commitment Agreement dated September 24, 2003 and the Extension of Pricing Terms dated March 31, 2004. Please acknowledge Baxter's agreement to this mutual Waiver of Damages by having an authorized representative of Baxter execute this letter in the space marked below and return it to Coram, Inc. at the address listed above. Sincerely, CORAM, INC. By: /s/ SCOTT R. DANITZ -------------------------------------- Scott R. Danitz, SRVP, CFO & Treasurer Accepted and agreed to this 5th day of April 2004: BAXTER HEALTHCARE CORPORATION By: /s/ PETER O'MALLEY ------------------------------------- Its: VP/GM -------------------------------------