Additional Indication Plan Clause Samples
Additional Indication Plan. If Eyenovia is interested in Developing a Product for an Additional Indication, then it shall provide Arctic Vision reasonably promptly with a written reasonably detailed plan and budget for such additional Development work (the “Additional Indication Plan”). Within [ ] ([ ]) [ ] after Arctic Vision’s receipt of an Additional Indication Plan, the JSC shall meet to review such Additional Indication Plan and permit Arctic Vision an opportunity to ask questions and request additional information from Eyenovia related to such Additional Indication Plan. For each Additional Indication Plan, Arctic Vision shall have the right to request, by written notice to Eyenovia given with [ ] ([ ]) [ ] following such JSC meeting, that Eyenovia use Commercially Reasonable Efforts to negotiate an amendment of the Senju License Agreement that would permit the addition of such Additional Indication to the Field for the applicable Product under this Agreement on reasonable terms acceptable to both Parties (such an amendment, a “Senju Additional Indication Amendment”), provided that such obligation shall only apply for a period of [ ] ([ ]) [ ] following such request by Arctic Vision. If a Senju Additional Indication Amendment is signed within such [ ] ([ ]) [ ] period, Arctic Vision and Senju shall use Commercially Reasonable Efforts to negotiate an amendment to this Agreement adding such Additional Indication to the Field consistent with the terms of the above-referenced amendment to the Senju License Agreement (such an amendment, an “Additional Indication Amendment”) and, if the Parties agree upon such an amendment to this Agreement within [ ] ([ ]) [ ] of the execution of the Senju Additional Indication Amendment, Arctic Vision, may elect, at its discretion, to collaborate in the conduct of one of the Registration Trials under such Additional Indication Plan (the “Additional Indication Registration Trial”) by recruiting, in the Territory, up to [ ] ([ ] %), or such other proportion as necessary to ensure statistically meaningful results in the Territory for submission of an MAA to any applicable Regulatory Authority in the Territory, of the global participants for such Registration Trial, [ ].
