EXHIBIT 10.119
CORAM HEALTHCARE 0000 Xxxxxxxx
Xxxxx 000
Xxxxxx, Xxxxxxxx 00000
303.292.4973 / 800 XXXXX XX
000.000.0000 FAX
xxx.xxxxxxx.xxx
April 2, 2004
Xxxxxxx Xxxxxxxxxxxxx
National Accounts Manager
Xxxxxx Healthcare Corporation
0000 Xxxx Xxxx Xxxx
Xxxxxxxxx, Xxxxxxxx 00000
Re: Mutual Waiver of Damages
Dear Xx. Xxxxxxxxxxxxx:
The purpose of this letter is to confirm the agreement of Xxxxxx Healthcare
Corporation ("Baxter") and Xxxxx, Inc. ("Coram") that, as of the date written
below, each of Baxter and Xxxxx expressly waive any claim of antecedent breach
for claims for monetary damages, liquidated or otherwise, arising out of the
other party's breach of the Product Volume Commitment Agreement dated December
19, 2001 by and between Baxter and Xxxxx, as amended by the First Amendment to
Hemophilia Product Volume Commitment Agreement dated December 13, 2002 and the
Second Amendment to Hemophilia Product Volume Commitment Agreement dated
September 24, 2003 and the Extension of Pricing Terms dated March 31, 2004.
Please acknowledge Xxxxxx'x agreement to this mutual Waiver of Damages by
having an authorized representative of Baxter execute this letter in the space
marked below and return it to Coram, Inc. at the address listed above.
Sincerely,
CORAM, INC.
By: /s/ XXXXX X. XXXXXX
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Xxxxx X. Xxxxxx, SRVP, CFO & Treasurer
Accepted and agreed to this 5th day of April 2004:
XXXXXX HEALTHCARE CORPORATION
By: /s/ XXXXX X'XXXXXX
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Its: VP/GM
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