Common use of Conduct of Development Clause in Contracts

Conduct of Development. During the term of this Agreement, DURA shall use commercially reasonable efforts to (a) conduct the Development on behalf of Xxxxxx Corp. II in a prudent and skillful manner in accordance, in all material respects, with the annual workplan and budget then in effect and applicable laws, ordinances, rules, regulations, orders, licenses and other requirements now or hereafter in effect and (b) diligently execute such annual workplan and budget and report to Xxxxxx Corp. II any significant deviations therefrom in a timely manner. Xxxxxx Corp. II hereby appoints DURA its exclusive agent, for the term of this Agreement, with the sole power and authority to file and prosecute all necessary regulatory applications and permits in DURA's name required to obtain FDA Approval and other regulatory approvals for the Xxxxxx Products. DURA shall, at Xxxxxx Corp. II's expense as described below, furnish all labor, supervision, services, supplies and materials necessary to perform the Development in accordance with the annual workplan and budget then in effect. In addition to its undertakings pursuant to the Technology Agreement, DURA agrees to use commercially reasonable efforts, on behalf of itself, DDSI and Xxxxxx Corp., to attempt to obtain and to sublicense to Xxxxxx Corp. II subject to the terms and conditions of the Technology Agreement, on behalf of and at the expense of Xxxxxx Corp. II but in accordance with Section 2.4 of the Technology Agreement, any patent or technology license or sublicense from any Person, including DURA, DDSI or Xxxxxx Corp., that DURA reasonably determines to be necessary or useful to enable DURA to conduct the Development under this Agreement.