On December 19, 2008, VIVUS, Inc. (the "Company") entered into Task Order Number: 06 ("Task Order 06") under that certain Master Services Agreement dated September 12, 2007 with Medpace, Inc. ("Medpace") pursuant to which Medpace will perform certain clinical research services in connection with the Phase 3 clinical trials for Qnexa, the Company's investigational product candidate for the treatment of obesity. The Company's aggregate payment obligations for services under Task Order 06 will total approximately $12.8 million.

Medpace is a global, full-service contract research organization with a focus in the areas of metabolism, diabetes and cardiovascular disease. Other than the Master Services Agreement, the Company does not have a material relationship with Medpace.

The above description of Task Order 06 is a summary only and is qualified in its entirety by reference to the full text of Task Order 06, which is filed herewith as Exhibit 10.1 and is incorporated herein by reference. Portions of Exhibit 10.1 have been omitted pursuant to a request for confidential treatment.

(d) Exhibits.

Exhibit No.                                Description

10.1†         Exhibit A: Medpace Task Order Number: 06 dated as of December 15, 2008
              pursuant to that certain Master Services Agreement, between the
              Company and Medpace, Inc., dated as of September 12, 2007.