Changed Services. Both parties understand that, during any development project, unforeseen events may occur, including unacceptable results, leading to termination of the project, or marginal results leading to significant re-evaluation and modification of the project. DPT shall promptly notify COMPANY of any such unforeseen events before proceeding further with the Services, at which time either COMPANY or DPT may terminate this Agreement, upon written notice to the other party, or may agree to a change in Services, pursuant to an amendment to this Agreement or a Protocol. In either case, COMPANY will be obligated to pay for all tasks that have been completed through the date of DPT’s notice of the unforeseen events, as described in a Protocol issued thereafter, and for all Materials in inventory, other than those that DPT, using commercially reasonable efforts, can return or use for other purposes, and Materials on order, if the order cannot be cancelled.
Appears in 5 contracts
Samples: Development and Clinical Supply Agreement, Development and Clinical Supply Agreement (Peplin Inc), Development and Clinical Supply Agreement (Peplin Inc)