definiens: shall mean the Exclusive Marketing Agreement, as amended to date ) ; WHEREAS, disputes have arisen under the Exclusive Marketing Agreementbetween [COMPANY] and [COMPANY] ; WHEREAS, on February 20, 1997, [COMPANY] served notice of termination of theExclusive Marketing Agreement to [COMPANY] ; WHEREAS, on March 7, 1997, [COMPANY] served [COMPANY] with a complaint fordamages declaratory relief and injunctive relief naming [COMPANY] and variousunnamed defendants, Docs 1 - 100, which complaint has been amended subsequent toMarch 7, 1997 ( as amended to date, the ) in the Superior Court of theState of California in the County of Santa Clara in [COMPANY] Biomedical Corporationv . [COMPANY] Healthcare, Inc., Case No . CV 764258 ( the ) in which Adezapled, inter alia, that it was entitled to terminate the Exclusive MarketingAgreement as a result of [COMPANY] 's breach of the terms thereof ; -1 - THE SYMBOL [ * * * ] IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEENOMITTED AND FILED SEPARATELY WITH THE COMMISSION . CONFIDENTIAL TREATMENT HASBEEN REQUESTED WITH RESPECT TO THE OMITTED PORTION