Exhibit 10.4
| CONFIDENTIAL TREATMENT |  | |||
| Amgen USA, Inc. | ||||
| One Amgen Center Drive | ||||
| Thousand Oaks, CA 91320-1799 | ||||
| March 22, 2007 | 805-447-1000 | |||
| www.amgen.com |
Fresenius Medical Care Holdings, Inc.
920 Winter Street
Waltham, MA 02451
Attn: Robert McGorty
Re: Amendment No. 3 to Sourcing & Supply Agreement No. 200600447 dated October 1, 2006
Dear Mr. McGorty:
This letter has been written to evidence the agreement reached by Amgen USA Inc. (“Amgen”) and Fresenius Medical Care Holdings, Inc. (“FMCH”) to modify and formally amend the above-referenced Agreement (the “Agreement”) by and between Amgen and FMCH for the purchase of EPOGEN® and Aranesp® effective October 1, 2006. Unless otherwise specifically defined in this letter, each term used herein shall have the meaning assigned to such term in the Agreement.
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If you have any questions or comments, please feel free to contact your Account Manager, Keith Woods at(800) 232-9997 ext 38152. We look forward to receiving a signed copy of this amendment letter.
Sincerely,
AMGEN USA, INC.
Neil Bankston
Executive Director, Pricing & Contracts
| Agreement No. 200600447 — Amend No. 3 | Ver. FMCHA3_032207f.DOC |
| ACIS 10518 | FaxNo. 805-376-8558 |
1
CONFIDENTIAL TREATMENT
ACKNOWLEDGED AND AGREED:
Fresenius Medical Care Holdings, Inc.
/s/ Ronald J. Kuerbitz
Name: Ronald J. Kuerbitz
| Title: | Executive Vice President |
Date: March 29, 2007
Amgen Inc.
/s/ Helen Torley
Name: Helen Torley
| Title: | Vice President and General Manager |
Date: April 23, 2007
| cc: | Amgen Inc. General Counsel |
Keith Woods
Fresenius Medical Care Holdings, Inc. — General Counsel
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(see attached file: FMCHA3_Addendum D_032207F)
| Agreement No. 200600447 — Amend No. 3 | Ver. FMCHA3_032207f.DOC |
| ACIS 10518 | FaxNo. 805-376-8558 |
2
CONFIDENTIAL TREATMENT
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