Effective Date: July 1, 2010

This Return Goods Policy is for all products distributed by Genentech USA

Damages: Product purchased directly from Genentech USA by direct purchasing accounts that is damaged in transit shall immediately be reported to Genentech USA's Customer Service Department (1-800-551-2231). Returns for reasons related to product quality for all products except Tarceva will continue to be processed by Genentech — Please contact Genentech's Quality Department at (800) 334-0290.
Returns for reasons related to product quality for Tarceva will be processed by OSI — Please contact OSI's Quality Department at 877-TARCEVA.

Products Eligible for Return & Reimbursement: The following products are eligible for return and reimbursement:

• Product returned within two (2) months prior and six (6) months past expiration date noted on product;
  AND
• Product in its original container and bearing its original label.
  OR
• Product which Genentech has specified be returned

Products Not Eligible for Return & Reimbursement: The following products are not eligible for return and reimbursement:

• Product that is not out-of-date (as defined in the attached "Returned Goods Policy Product Listing") or is received by Capital Returns or Genentech designated agent more than two (2) months prior or six (6) months past the product's expiration date.
• Product in which the lot number and/or expiration date is missing, illegible, covered, and/or unreadable on original container.
• Product that has been damaged due to improper storage or handling, fire, flood, or catastrophe.
• Product that has been sold expressly on a non-returnable basis.
• Product that is not in its original container and/or not bearing its original label.
• Product that is in its original container with a prescription label attached.
• Product that has been repackaged
• Product sold in bulk package sizes (over 500 units per bottle)
• Partial vials and partial ampoules.
• Product obtained illegally or via diverted means.
• Product purchased on the "secondary source" market or from a distributor who is not a direct purchasing account with Genentech, USA. Genentech, USA may request Proof of purchase from a Genentech, USA authorized direct purchasing distributor.
• Product that Genentech USA determines, in its sole discretion, is otherwise adulterated, misbranded, or counterfeit.
• Tamiflu product purchased for stockpiling in preparation of a flu pandemic, regardless of whether Tamiflu is purchased directly or from an authorized distributor. This provision applies to all sectors including federal, state, and local governments, public, private, not for profit companies and all other classes of trade.

Return Goods Agent: Capital Returns, Inc. is the approved return goods agent for Genentech, USA. Customers returning eligible return goods product do not incur any processing fees or service charges and Genentech, USA will be responsible for the associated costs for return goods processing and product destruction. Capital Returns, Inc. will accept Genentech, USA return good shipments from other third party return goods processors. Genentech, USA will not be responsible for the associated cost to ship return goods from any customer or third party to Capital Returns, Inc.. Capital Returns, Inc. may refuse any return goods shipments sent COD (collect on delivery). To receive reimbursement, all eligible returns should be shipped pre-paid to:

Genentech USA
C/O Capital Returns, Inc.
6101 North 64th Street
Milwaukee, WI 53218
Phone: (800) 950-5479

Genentech, USA. will only accept returns shipped to Capital Returns, Inc.'s Milwaukee location. All eligible products shipped to Capital Returns, Inc. shall be shipped in a safe, secure, and reliable manner, and in compliance with all applicable federal, state and local laws, regulations and statutes. It is the shipper's responsibility to securely package all return goods to prevent breakage during transit and otherwise comply with laws and regulations applicable to the packaging, shipping and transport of return goods shipments. Genentech, USA is not responsible for shipments lost and/or damaged in transit. Genentech, USA recommends that all customers insure return goods shipments.

Reimbursement: Capital Returns, Inc. will audit the quantities of return goods and final reimbursement will be based on Capital Returns, Inc.'s count. Reimbursement for partial bottles of tablets will be based on individual tablet count. Reimbursement will be issued for only the specified amount of the original container quantity. For example, if thirty-five (35) tablets are returned in a thirty (30) count bottle, reimbursement will only be issued for the exact count of the tablets up to a maximum of thirty (30) tablets. The quantity of tablets exceeding thirty (30) will be destroyed and no reimbursement will be issued for such quantity. All products will be reimbursed based on a percentage of current prices. For customers with contract pricing, the percentage for each product will be applied to the customer's current contract price. For all other customers, the percentage for each product will be applied to the product's current customer acquisition cost per Genentech, USA. To determine the applicable percentage for a product for purposes of calculating the amount of reimbursement, please refer to the "Returned Goods Policy Product Listing".

Direct purchasing customers reimbursement will be issued in the form of a credit or product replacement to the appropriate party.

Indirect purchasing customers shall seek any reimbursement due for return goods shipments through their wholesaler.

To assist in accurate credit memo processing, please include the following information with the return goods shipment:

1. Return Originator name and mailing address
2. Distributor/Wholesaler name and mailing address to who credit should be issued through
3. Debit Memo detail

Return goods shipments which are deemed to be outside of this policy will not be returned to the customer or the third party processor and no reimbursement will be issued by Genentech, USA for said product unless state or local law requires otherwise. Genentech, USA's return goods policy is subject to change at any time and without prior notice to other parties.

View Return Goods Policy Product Listing (Updated: March 2010).