Back-Up Development. In addition to the Development required in Section 2.4 above, at Medicis’s written election prior to the earlier of (i) [ * ] of the Effective Date and (ii) first NDA approval of a Product by FDA (the “Back-Up Compound Election Term”), at Anacor’s sole cost and expense (but subject to the milestone payments set forth in Section 6.2.2), Anacor shall use Diligent Efforts to provide such Development services as Medicis may find necessary or useful to progress [ * ] additional Collaboration Compound selected by Medicis (the “Lead Back-Up Compound”) to the stage where Medicis may prepare an IND for submission (which activities by Anacor will not include Anacor’s conduct of any human clinical trial) and up to [ * ] additional Collaboration Compounds selected by Medicis (each a “Back-Up Compound”) to the stage of being approved by the JRC as Candidate Selection Compounds pursuant to subsection (a) above; provided, however, that Medicis may make such elections as follows: the first such election for a Back-Up Compound may be made no sooner than [ * ] following commencement of the [ * ] referenced on page 3 of the Research Plan and no later than [ * ] after the [ * ], and each subsequent election for a different Back-Up Compound may be made no earlier than [ * ] after the previous election. For clarity, each such election shall be for one (1) Back-Up Compound only. At the time of Medicis’s election under this Section, the Parties shall amend the Research Plan and shall mutually agree whether an extension of the Research Collaboration Term is necessary to complete the associated Development work; provided that the Research Collaboration Term may not be extended beyond [ * ] after the Effective Date. Any such extension of the Research Collaboration Term shall be agreed in writing by the Parties pursuant to Section 13.12. For the avoidance of doubt, Anacor shall not continue any such Development work beyond achievement of the milestone events identified above for each Lead Back-Up Compound or other Back-Up Compound. Should Medicis make an election under this Section, Anacor’s resulting diligence obligation shall continue until the earlier of: (A) [ * ], (B) [ * ] or (C) for the applicable Back-Up Compound only, the JRC’s decision to terminate development of such Back-Up Compound. Following Medicis’s election hereunder, at any time during the Back-Up Compound Election Term, Medicis may, upon notice to Anacor, substitute any of the Lead Back-Up Compounds or other Back-U...
