Common use of Crediting of Certain Costs Clause in Contracts

Crediting of Certain Costs. The Parties agree that the costs and expenses incurred by Lightlake prior to the Effective Date in respect of the Development of the initial Product that are specified on Schedule 3.8.2 hereto shall be credited as Lightlake’s payment of Development Costs in accordance with Section 3.8.1 and count towards the Lightlake Cost Cap. For clarity, if Adapt and its Affiliates and Sublicensees fail to incur Development Costs in excess of the amount credited hereunder for Lightlake’s share of the Development Costs, Lightlake shall not be entitled to any payment from Adapt for such excess amounts.