NON EXCLUSIVE DISTRIBUTION AGREEMENT
EXCLUSIVE SUPPLY AGREEMENT
This Agreement, entered into as of the day of September, 1994, by and between MOVA
PHARMACEUTICAL CORPORATION ("MOVA"), a Puerto Rico corporation, having offices in Caguas,
Puerto Rico, and PAR PHARMACEUTICAL, INC., a New York corporation, having offices in One Ram
Ridge Road, Spring Valley, New York 10977 ("PAR").
WHEREAS, MOVA manufactures and sells pharmaceutical products and has represented that it has developed
a generic version of Albuterol Sulfate Syrup (defined hereinafter as the "Product"); and
WHEREAS, PAR distributes a line of generic versions of branded pharmaceutical products such as the Product;
WHEREAS, PAR would like to distribute the Product as manufactured by MOVA and MOVA is willing to
supply the Product to PAR for such purpose, all upon the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the foregoing premises, which are hereby incorporated as substantive
part of this Agreement, and in consideration of the performance of the mutual covenants and promises herein
contained, MOVA and PAR have agreed as follows:
ARTICLE 1 - DEFINITIONS
1.1 The Product. The "Product" shall mean Albuterol Sulfate Syrup for which the FDA approves an Abbreviated
New Drug Application with an AA rating when compared with Proventil Syrup.
1.2 The ANDA. The "ANDA" shall mean the Abbreviated New Drug Application for the Product which has
been submitted to the FDA by MOVA, including any amendments or supplements thereto.
1.3 The FDA. The "FDA" shall mean the United States Food and Drug Administration.
1.4 Patents. The "Patents" shall mean any issued patents or patent rights held by third parties which would be
infringed by the manufacture, use or sale of the Product to be sold by MOVA to PAR pursuant to the terms of
1.5 Approval Date. The "Approval Date" shall mean the date on which MOVA is in receipt of all required