RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING THE PRESIDENT OF THE BOARD TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH ELI LILLY AND COMPANY

TO PROVIDE PHARMACEUTICAL REBATES FOR THE TERM JULY 1, 2006 THROUGH JUNE 30, 2009.

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, on June 20, 2006, this Board authorized the execution of an Agreement with Eli Lilly and Company (Lilly) to provide a ten percent access rebate on the purchase of Zyprexa and an eight percent access rebate on the purchase of Cymbalta for the term July 1, 2006 through June 30, 2009; and

WHEREAS, both parties now wish to amend the Agreement to allow Lilly (or its permitted assignees) to assign this Agreement (in whole or in part) to any entity that it owns, controls, is controlled by, or is under common control of Lilly without prior written consent of the County; and

WHEREAS, this Board has been presented with the Amendment to the Agreement and has examined and approved it as to both form and content and desires to enter into said Agreement:

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the President of this Board of Supervisors be and is hereby authorized and directed to execute said Agreement for and on behalf of the County of San Mateo, and the Clerk of the Board shall attest the President’s signature thereto.

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