Common use of Commercialization and Related Costs Clause in Contracts

Commercialization and Related Costs. Prior to the applicable Initiation Date, costs (including Costs for outside services and expenses (e.g., consultants, agency fees, etc.)) for the following activities shall be considered “Commercialization and Related Costs” for purposes of determining “Amgen Costs” or “BeiGene Costs,” as applicable: (i) [*]; (ii) Medical Affairs Activities Costs incurred in connection with Hainan Bo Ao in or for the Collaboration Territory prior to commercialization and during commercialization; (iii) all Costs incurred by the Parties or their respective Affiliates associated with any recalls of the Bo Ao Product in the Collaboration Scope and in or for the Collaboration Territory; (iv) all Costs incurred by the Parties or their respective Affiliates with respect to product liability claims for the Bo Ao Product in the Collaboration Scope in the Collaboration Territory; (v) all Costs incurred by the Parties or their respective Affiliates associated with any returns and withdrawals of the Bo Ao Product in the Collaboration Scope in the Collaboration Territory; (vi) any Third Party IP Payments to the extent not already included in Manufacturing Actual Costs; and

Commercialization and Related Costs. Prior to the applicable Initiation Date, costs (including Costs for outside services and expenses (e.g., consultants, agency fees, etc.)) for the following activities shall be considered “Commercialization and Related Costs” for purposes of determining “Amgen Costs” or “BeiGene Costs,” as applicable: (i) [*]; (ii) Medical Affairs Activities Costs incurred in connection with Hainan Bo Ao and Tianjin in or for the Collaboration Territory prior to commercialization and during commercialization; (iii) all Costs incurred by the Parties or their respective Affiliates associated with any recalls of the Bo Ao Early Access Product in the Collaboration Scope and in or for the Collaboration Territory; (iv) all Costs incurred by the Parties or their respective Affiliates with respect to product liability claims for the Bo Ao Early Access Product in the Collaboration Scope in the Collaboration Territory; (v) all Costs incurred by the Parties or their respective Affiliates associated with any returns and withdrawals of the Bo Ao Early Access Product in the Collaboration Scope in the Collaboration Territory; (vi) any Third Party IP Payments to the extent not already included in Manufacturing Actual Costs; and