Common use of Changes by ISTA Clause in Contracts

Changes by ISTA. During the Term of this Agreement, BLP agrees to manufacture and package the Product in accordance with the Specifications, Applicable Laws, and using approved or mutually agreed upon material suppliers. If ISTA at any time requests a change to a Product, including without limitation, any changes to the Raw Materials, provided that such change does not impose a material adverse impact on BLP's manufacture of the Product, (i) such change shall be incorporated into the Specifications, (ii) BLP shall adjust, with ISTA's prior approval, the price of the Product set forth in Appendix A, if necessary, to reflect increased costs of such change, (iii) BLP shall implement such change at the earliest opportunity and (iv) subject to ISTA's prior approval, ISTA shall pay BLP the costs associated with such change, including, for any additional development work, a reasonable mutually agreed upon charge based upon BLP's then-prevailing research and development rates. ISTA shall reimburse BLP for BLP's actual cost of procurement of Raw Materials rendered obsolete solely due to the implementation of such change up to certain inventory levels for each Raw Material to be mutually determined by the parties prior to the commercial launch of the Product; provided that ISTA's liability under this Section 7.A. shall only apply to the extent such materials cannot reasonably be allocated to manufacturing other products.