Common use of Clinical Trials in the Territory Clause in Contracts

Clinical Trials in the Territory. Fuso shall have the first right, but not the obligation to manufacture Collaboration Products for use in clinical trials and commercials sales in the Territory, on a Collaboration Product-by-Collaboration Product basis, subject to GenVec's approval not to be unreasonably withheld. GenVec's decision to approve or disapprove manufacturing by Fuso shall be based on Fuso's ability to manufacture the applicable Collaboration Product and/or the period Fuso may require to establish an approved manufacturing facility. If Fuso elects not to manufacture such Collaboration Products, or GenVec does not approve of manufacture of such Collaboration Product by Fuso, GenVec shall have the first right, but not the obligation to manufacture Collaboration Products for use in clinical trials and commercial sales in the Territory, on a Collaboration Product-by-Collaboration Product basis, subject to Fuso's approval, not to be unreasonably withheld. Fuso's decision to approve or disapprove manufacturing by GenVec shall be based on GenVec's ability to cost effectively manufacture the applicable Collaboration Product. In the event that GenVec declines to manufacture a particular Collaboration Product, or Fuso does not approve of the manufacture of such Collaboration Product by GenVec, then, subject to Section 6.1.2, Fuso may select a third party contract manufacturer ("Contract Manufacturer"), reasonably acceptable to GenVec, to manufacture such Collaboration Product.

Clinical Trials in the Territory. Fuso shall have the first right, but not the obligation to manufacture Collaboration Products for use in clinical trials and commercials sales in the Territory, on a Collaboration Product-by-Collaboration Product basis, subject to GenVec's approval not to be unreasonably withheld. GenVec's decision to approve or disapprove manufacturing by Fuso shall be based on Fuso's ability to manufacture the applicable Collaboration Product and/or the period Fuso may require to establish an approved manufacturing facility. If Fuso elects not to manufacture such Collaboration Products, or GenVec does not approve of manufacture of such Collaboration Product by Fuso, GenVec shall have the first right, but not the obligation to manufacture Collaboration Products for use in clinical trials and commercial sales in the Territory, on a Collaboration Product-by-by- Collaboration Product basis, subject to Fuso's approval, not to be unreasonably withheld. Fuso's decision to approve or disapprove manufacturing by GenVec shall be based on GenVec's ability to cost effectively manufacture the applicable Collaboration Product. In the event that GenVec declines to manufacture a particular Collaboration Product, or Fuso does not approve of the manufacture of such Collaboration Product by GenVec, then, subject to Section 6.1.26.2, Fuso may select a third party contract manufacturer ("Contract Manufacturer"), reasonably acceptable to GenVec, to manufacture such Collaboration Product. GenVec and Fuso agree to reasonably cooperate to ensure the availability of Collaboration Products for Phase I and Phase II clinical studies in the Territory.

Clinical Trials in the Territory. Fuso shall have the first -------------------------------- right, but not the obligation to manufacture Collaboration Products for use in clinical trials and commercials sales in the Territory, on a Collaboration Product-by-Collaboration Product basis, subject to GenVec's approval not to be unreasonably withheld. GenVec's decision to approve or disapprove manufacturing by Fuso shall be based on Fuso's ability to manufacture the applicable Collaboration Product and/or the period Fuso may require to establish an approved manufacturing facility. If Fuso elects not to manufacture such Collaboration Products, or GenVec does not approve of manufacture of such Collaboration Product by Fuso, GenVec shall have the first right, but not the obligation to manufacture Collaboration Products for use in clinical trials and commercial sales in the Territory, on a Collaboration Product-by-Collaboration Product basis, subject to Fuso's approval, not to be unreasonably withheld. Fuso's decision to approve or disapprove manufacturing by GenVec shall be based on GenVec's ability to cost effectively manufacture the applicable Collaboration Product. In the event that GenVec declines to manufacture a particular Collaboration Product, or Fuso does not approve of the manufacture of such Collaboration Product by GenVec, then, subject to Section 6.1.2, Fuso may select a third party contract manufacturer ("Contract Manufacturer"), reasonably acceptable to GenVec, to manufacture such Collaboration Product.

Clinical Trials in the Territory. Fuso shall have the first -------------------------------- right, but not the obligation to manufacture Collaboration Products for use in clinical trials and commercials sales in the Territory, on a Collaboration Product-by-Collaboration Product basis, subject to GenVec's approval not to be unreasonably withheld. GenVec's decision to approve or disapprove manufacturing by Fuso shall be based on Fuso's ability to manufacture the applicable Collaboration Product and/or the period Fuso may require to establish an approved manufacturing facility. If Fuso elects not to manufacture such Collaboration Products, or GenVec does not approve of manufacture of such Collaboration Product by Fuso, GenVec shall have the first right, but not the obligation to manufacture Collaboration Products for use in clinical trials and commercial sales in the Territory, on a Collaboration Product-by-by- Collaboration Product basis, subject to Fuso's approval, not to be unreasonably withheld. Fuso's decision to approve or disapprove manufacturing by GenVec shall be based on GenVec's ability to cost effectively manufacture the applicable Collaboration Product. In the event that GenVec declines to manufacture a particular Collaboration Product, or Fuso does not approve of the manufacture of such Collaboration Product by GenVec, then, subject to Section 6.1.26.2, Fuso may select a third party contract manufacturer ("Contract Manufacturer"), reasonably acceptable to GenVec, to manufacture such Collaboration Product. GenVec and Fuso agree to reasonably cooperate to ensure the availability of Collaboration Products for Phase I and Phase II clinical studies in the Territory.