Exhibit 10.45
FIRST AMENDMENT TO THE DISTRIBUTION AND SUPPLY AGREEMENT
This First Amendment (“Agreement”) to the Distribution and Supply Agreement (“Distribution Agreement”)
dated April 13, 2005 (“Effective Date”) by and between Spectrum Pharmaceuticals, Inc. (“Spectrum”) and
CURA Pharmaceutical Co., Inc. (“CURA”) is entered into and is effective as of February 28, 2006, hereinafter
referred to as “Party” and collectively as “Parties”.
WHEREAS , the Parties wish to amend certain terms of the Distribution Agreement, as set forth below.
NOW, THEREFORE , in consideration of the mutual covenants, promises and agreements set forth herein,
the Parties hereby agree as follows:
Except as provided herein, all other terms and conditions of the Distribution Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written
above.
1. The second and third recitals shall be deleted and replaced in their entirety with the following:
WHEREAS, CURA is a distributor and seller of pharmaceutical products in the Territory and desires to
obtain a semi-exclusive right to, distribute, promote and sell the product supplied by SPECTRUM in the
Territory;
WHEREAS, SPECTRUM has agreed, subject to the terms and conditions of the Agreement, to grant
CURA the semi-exclusive right to distribute the Product in the Territory and to supply to CURA on an
semi-exclusive basis in the Territory all of CURA’s requirements of the Product;
2. Section 2.1 shall be deleted and replaced in its entirety with the following:
SPECTRUM hereby grants to CURA and CURA hereby accepts, the semi-exclusive right to distribute,
promote and sell the Product in the Territory subject to the terms and conditions of this Agreement.
CURA hereby grants to SPECTRUM and SPECTRUM accepts, the exclusive right to supply the Product
to CURA for sale in the Territory subject to the terms and conditio