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03/06/08 2:49 PM

#8704 RE: DewDiligence #8702

First Negotiation Right for Commercializing ATryn®

If we choose to commercialize ATryn® with a marketing partner outside of Asia, Genzyme has a first right of negotiation for exclusive commercialization rights. This right is triggered on product-by-product and market-by-market basis at such time as we make a submission to a regulatory authority for marketing approval in a given market. This right does not apply if we have already entered into a collaboration or other agreement with a prospective research, development and marketing partner prior to such regulatory submission. It also no longer applies to the LEO territories.

from the 10K

So did Genzyme forgo this "right" for the current indication in the USA?