Note: Certain portions of this document have been marked "[C.I.]" to indicate that confidential treatment has
been requested for this confidential information. The confidential portions have been omitted and filed separately
with the Securities and Exchange Commission.
EXHIBIT 10.1
LEVULAN(R) WHOLESALE AGREEMENT
Agreement ("Agreement") is entered into this 1st day of September, 2002 (the "Effective Date") by and between
DUSA Pharmaceuticals, Inc., a New Jersey Corporation ("DUSA") with offices at 25 Upton Drive, Wilmington,
Ma. 01887, and Moore Medical Corp., a Delaware corporation ("Moore") with offices at 389 John Downey
Drive, New Britain, CT. 06050.
WHEREAS, Moore is in the business of providing specialized wholesale services with respect to dermatology
products and fulfilling orders of dermatology products directly to licensed dermatologists, physicians and qualified
medical institutions; and
WHEREAS DUSA wishes to utilize the services of Moore for the purpose of collecting and fulfilling orders of the
product Levulan(R) in the Territory (as defined below) under the terms and conditions hereof:
NOW, THEREFORE, in consideration of mutual covenants, agreements and conditions set forth herein, the
parties hereby agree as follows:
1. DEFINITIONS
A. "Product" shall mean Levulan(R)20% topical solution as packaged in DUSA's proprietary applicator, the
Kerastick(R).
B. "Territory" shall mean all states of the United States of America, including its possessions and territories.
C. "Trade" shall mean all licensed dermatologists, physicians and qualified medical institutions in the Territory.
D. "Unit of Product" shall mean a package, [C.I.] containing [C.I.] Kerastick(R)[C.I.].
2. SERVICES
A. Wholesaler: DUSA hereby appoints Moore as its exclusive authorized wholesaler, to fill and ship orders of the
Product to the Trade within the Territory pursuant to the terms of this Agreement.
B. Acceptance: Moore hereby agrees to act as DUSA's exclusive wholesaler for the Product in the Ter