definiens: means the products listed on Schedule A and any other products agreed to in writing by the partiesfrom time to time . ”, • Section 9 of the Agreement is amended by deleting the text and replacing such text with the following:“9 . FAILURE TO PERFORM : In the event Warner Chilcott requests performance of Contract ManufacturingServices hereunder and NPI is unable or unwilling to perform said Contract Manufacturing Services for reason(s)within NPI Control, or should NPI consistently and continually fail to meet Warner Chilcott ’s quantityrequirements, or NPI consistently fails to meet NPI ’s Product Specifications, manufacturing standards, standards forquality assurance or release procedures, or should NPI fail to perform as described in Article 5.3 or100 Enterprise Drive n Rockaway, New Jersey 07866Phone : ( 973 ) 442 - 3378 Fax : ( 973 ) 442 - 3310 800 - 521 - 8813 Article 6.8, or NPI experiences a significant quality systems failure including but not limited to receipt of an FDAwarning letter or its Territory equivalent, Warner Chilcott has the unequivocal right, upon notice, to enter NPI’sNorwich Plant for the sole purpose of conducting an inspection and audit and NPI agrees to cooperate with WarnerChilcott in this event by making NPI personnel available to Warner Chilcott and its personnel . In addition, notwithstanding the provisions of Section 4.3, Warner Chilcott shall be free to purchase all or any portion of itsProduct requirements from any available source, or to move production into another of NPI ’s facilities or to analternate contract manufacturer should NPI fail to perform or should Warner Chilcott anticipate a failure to performas evidenced by objective criteria and measures of performance for NPI required Contract Manufacturing Serviceshereunder . Warner Chilcott will provide NPI with a 10 business days notice of such an anticipated failure to performand the opportunity to avoid or correct in a manner acceptable to Warner Chilcott such anticipated failure toperform . ” • Section 34 of the Agreement is amended by deleting the P&G Notice information and replacing such text with thefollowing : Except as specifically set forth herein, nothing contained herein is intended to, or shall be deemed to, alter, amend or modifyany of the rights or obligations of the parties under the Agreement . This letter agreement shall be construed in accordancewith and governed by the laws of the State of New York, without regard to the conflicts of laws rules thereof