Common use of CDS Patent Costs Clause in Contracts

CDS Patent Costs. Alimera shall be responsible for reimbursement of CDS Patent Costs only in the jurisdictions identified in Exhibit 1.15 as follows: the CDS Patent Costs in such jurisdictions paid up to the first Product Profitability Date shall be Direct Development Costs, as provided in Section 1.34, and shall be paid by CDS, and Alimera shall reimburse CDS fifty percent (50%) (subject to the last sentence of this paragraph) for all such costs paid by CDS within thirty (30) days after the date of invoice by CDS. The CDS Patent Costs paid after the first Product Profitability Date shall be paid by CDS, and Alimera shall reimburse CDS fifty percent (50%) (subject to the last sentence of this paragraph) for all such costs paid by CDS within thirty (30) days after the date of invoice by CDS in accordance with Section 4.4. The list of countries identified in Exhibit 1.15 may be amended (i.e., to add or to drop one or more countries) only upon mutual agreement by the Parties. If, after the Effective Date of the Original Agreement, CDS grants to any Third Party a license to any of the CDS-Prosecuted Patent Rights for which Alimera has continuing reimbursement obligations, thereafter Alimera’s share of costs for those particular CDS-Prosecuted Patent Rights shall be reduced on a per capita basis during the term of such license (by way of example, if CDS grants a license to one Third Party to any of the CDS-Prosecuted Patent Rights, Alimera’s share of costs for those particular CDS-Prosecuted Patent Rights shall be [*]).

CDS Patent Costs. Alimera shall be responsible for reimbursement of CDS Patent Costs only in the jurisdictions identified in Exhibit 1.15 as follows: the CDS Patent Costs in such jurisdictions paid up to the first Product Profitability Date shall be Direct Development Costs, as provided in Section 1.34, and shall be paid by CDS, and Alimera shall reimburse CDS fifty percent (50%) (subject to the last sentence of this paragraph) for all such CONFIDENTIAL TREATMENT REQUESTED costs paid by CDS within thirty (30) days after the date of invoice by CDS. The CDS Patent Costs paid after the first Product Profitability Date shall be paid by CDS, and Alimera shall reimburse CDS fifty percent (50%) (subject to the last sentence of this paragraph) for all such costs paid by CDS within thirty (30) days after the date of invoice by CDS in accordance with Section 4.4. The list of countries identified in Exhibit 1.15 may be amended (i.e., to add or to drop one or more countries) only upon mutual agreement by the Parties. If, after the Effective Date of the Original Agreement, CDS grants to any Third Party a license to any of the CDS-Prosecuted Patent Rights for which Alimera has continuing reimbursement obligations, thereafter Alimera’s share of costs for those particular CDS-Prosecuted Patent Rights shall be reduced on a per capita basis during the term of such license (by way of example, if CDS grants a license to one Third Party to any of the CDS-Prosecuted Patent Rights, Alimera’s share of costs for those particular CDS-Prosecuted Patent Rights shall be [*]).

CDS Patent Costs. Alimera shall be responsible for reimbursement of CDS Patent Costs only in the jurisdictions identified in Exhibit 1.15 as follows: the CDS Patent Costs in such jurisdictions paid up to the first Product Profitability Date shall be Direct Development Costs, as provided in Section 1.34, and shall be paid by CDS, CDS and split between CDS and Alimera shall reimburse CDS fifty percent (50%) (subject to the last sentence of this paragraph) for all such costs paid by CDS within thirty (30) days after the date of invoice by CDSin accordance with Section 6.3. The CDS Patent Costs paid after the first Product Profitability Date shall be paid by CDS, CDS and Alimera shall reimburse CDS fifty percent (50%) (subject to the last sentence of this paragraph) [*] for all such costs paid by CDS within thirty (30) days after the date of invoice by CDS in accordance with Section 4.4. The list of countries identified in Exhibit 1.15 may be amended (i.e., to add or to drop one or more countries) only upon mutual agreement by the Parties. If, after the Effective Date of the Original this Agreement, CDS grants to any Third Party a license to any of the CDS-Prosecuted Patent Rights for which Alimera has continuing reimbursement obligations, thereafter Alimera’s 's share of costs for those particular CDS-Prosecuted Patent Rights shall be reduced on a per capita basis during the term of such license (by way of example, if CDS grants [*]-INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES AND EXCHANGE ACT OF 1934, AS AMENDED. -39- a license to one Third Party to any of the CDS-Prosecuted Patent Rights, Alimera’s 's share of costs for those particular CDS-Prosecuted Patent Rights shall be [*]).