AMENDMENT TO SETTLEMENT AGREEMENT
EXHIBIT 10.83
AMENDMENT TO SETTLEMENT AGREEMENT
WHEREAS, on or about July 11, 2007, a settlement agreement (the Settlement Agreement) was entered into among the United States of America, acting through its Department of Justice and the United States Attorneys Office for the Eastern District of New York, the Office of Inspector General of the Department of Health and Human Services (HHS-OIG), the United States Office of Personnel Management (OPM), and the United States Department of Defense TRICARE Management Activity (TMA) (collectively the United States); Jazz Pharmaceuticals, Inc. (JPI) and Orphan Medical, Inc. (which merged in 2008 into Orphan Medical, LLC) (Orphan) (JPI and Orphan are collectively referred to as Defendants); and Shelley Lauterbach (the Relator); through their authorized representatives (collectively, all of the above will be referred to as the Parties);
WHEREAS, the Settlement Agreement resolved certain claims that the United States and Relator had against Defendants regarding the marketing of the drug Xyrem, including claims under the federal False Claims Act;
WHEREAS, in accordance with the Settlement Agreement, Defendants agreed to make payments to the United States pursuant to a schedule annexed to the Settlement Agreement (the Schedule);
WHEREAS, the Settlement Agreement requires Defendants to make a payment to the United States on January 15, 2009;
WHEREAS, due to a change in their financial condition, Defendants have requested that the Schedule be amended so that their January 15, 2009 payment becomes due on October 15, 2009;
WHEREAS, following the United States review of Defendants current financial condition, the United States and Relator consent to such an amendment of the Settlement Agreement;
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THEREFORE, the Parties hereby agree to the following:
1. The Schedule is amended as follows: Defendants January 15, 2009 payment to the United States is now due on October 15, 2009.
2. Defendants and Relator represent that this Amendment is freely and voluntarily entered into without any degree of duress or compulsion whatsoever.
3. The individuals signing this Amendment on behalf of Defendants represent and warrant that they are authorized by Defendants to execute this Amendment. The individual signing this Amendment on behalf of Relator represents and warrants that he is authorized by Relator to execute this Amendment. The United States signatories represent that they are signing this Amendment in their official capacities and that they are authorized to execute this Amendment.
4. This Amendment may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Amendment.
5. This Amendment is binding on Defendants successors, transferees, heirs, and assigns.
6. This Amendment is binding on Relators successors, transferees, heirs, and assigns.
7. All Parties consent to the United States disclosure of this Amendment, and information about this Amendment, to the public.
8. This Amendment is effective on the date of signature of the last signatory to the Amendment (the Effective Date of this Amendment). Facsimiles of signatures shall constitute acceptable, binding signatures for purposes of this Amendment.
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THE UNITED STATES OF AMERICA
BENTON J. CAMPBELL | ||||||||
United States Attorney | ||||||||
Eastern District of New York | ||||||||
DATED: | 2/4/09 | BY: | /s/ Paul Kaufman | |||||
PAUL KAUFMAN | ||||||||
Assistant United States Attorney | ||||||||
Chief, Civil Health Care Fraud | ||||||||
United States Attorneys Office | ||||||||
Eastern District of New York | ||||||||
DATED: | 2/4/09 | BY: | /s/ Brian McCabe | |||||
BRIAN McCABE | ||||||||
Trial Attorney | ||||||||
Commercial Litigation Branch | ||||||||
Civil Division | ||||||||
United States Department of Justice | ||||||||
DATED: | 2/18/09 | BY: | /s/ Gregory E. Demske | |||||
GREGORY E. DEMSKE | ||||||||
Assistant Inspector General for Legal Affairs | ||||||||
Office of Counsel to the Inspector General | ||||||||
Office of Inspector General | ||||||||
United States Department of Health and Human Services | ||||||||
DATED: | 2/10/09 | BY: | /s/ Laurel C. Gillespie | |||||
LAUREL C. GILLESPIE | ||||||||
Deputy General Counsel | ||||||||
TRICARE Management Activity | ||||||||
United States Department of Defense |
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DATED: | 2/3/06 | BY: | /s/ Lorraine E. Dettman | |||||
LORRAINE E. DETTMAN | ||||||||
Assistant Director for Insurance Service Programs | ||||||||
Center for Retirement and Insurance Services | ||||||||
United States Office of Personnel Management | ||||||||
DATED: | 2/4/09 | BY: | /s/ J. David Cope | |||||
J.DAVID COPE | ||||||||
Assistant Inspector General For Legal Affairs | ||||||||
United States Office of Personnel Management |
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JPI AND ORPHAN - Defendants
DATED: | 2/6/09 | BY: | /s/ Samuel R. Saks | |||||
SAMUEL R. SAKS, M.D. | ||||||||
Chief Executive Officer | ||||||||
Jazz Pharmaceuticals, Inc | ||||||||
DATED: | 2/6/09 | BY: | /s/ Bob Myers | |||||
ROBERT MYERS. | ||||||||
Member | ||||||||
Orphan Medical, LLC | ||||||||
DATED: | 2/6/09 | BY: | /s/ Mark Jensen | |||||
J. SEDWICK SOLLERS III, Esq. | ||||||||
MARK A. JENSEN, Esq. | ||||||||
King & Spalding LLP | ||||||||
Counsel for Jazz Pharmaceuticals Inc. and | ||||||||
Orphan Medical, LLC |
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RELATOR
DATED: | 2/4/09 | BY: | /s/ Shelley Lauterbach | |||||
SHELLEY LAUTERBACH | ||||||||
Relator | ||||||||
DATED: | 2/4/09 | BY: | /s/ Larry Zoglin | |||||
LARRY ZOGLIN, Esq. | ||||||||
Phillips and Cohen LLP | ||||||||
Counsel for Relator |
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