Custom Product Development Sample Clauses
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Custom Product Development. Promptly after the execution of this Agreement, the Parties shall undertake to develop a custom labeled packaged product suitable for marketing with Iomed's Iontophoretic Delivery System and suitable for manufacturing on American Regent Inc.'s standard packaging equipment for fliptop containers. The Parties shall use their reasonable best efforts to successfully complete the product development and to obtain U.S. Food and Drug Administration ("FDA") marketing approval of the Product. It is understood and agreed that 2 there is no guarantee that the product development will be successful and no representation or warranty of any kind is given by either party that a marketable Product will result from the development.
Custom Product Development. 3.1 Mobility agrees to use commercially reasonable efforts to develop any Custom Product (including, without limitation, power or docking station products) requested in writing by Targus, subject to the remainder of this Section. Any Custom Product shall be developed and manufactured pursuant to the terms and conditions of this Agreement (including, without limitation, Section 3.2 below). In addition, prior to commencing the development of any Custom Product, the Parties shall have mutually agreed to a development program schedule, NRE and Tooling Charges, quantity purchase minimum and a PO lead time, which agreement shall be in writing in the form of Attachment 3 to this Agreement. Mobility agrees that it will not market or sell any Custom Product to any person or entity other than Targus.
3.2 Targus agrees that at the time Mobility begins to develop a Custom Product, Targus will place a separate PO for NRE and Tooling Charges for such Custom Product, with the terms of such PO being fifty percent (50%) due and payable upon placement of the PO, and the remaining fifty percent (50%) due and payable upon approval of first article.
3.3 Targus hereby agrees that Mobility shall be the exclusive manufacturer and supplier to Targus of the Products, subject to Section 6.1 below. Any material changes to any Custom Products will require the written consent of both Parties pursuant to an amendment to Attachment 2 or 3 (as applicable). Mobility agrees to use all commercially reasonable efforts to incorporate into the Products any changes reasonably requested by Targus, which changes shall be incorporated as soon as practicable after an amendment to Attachment 2 or 3 (as applicable) has been executed by the Parties setting forth such change, as well as the affect, if any, on the purchase price of such Product.
Custom Product Development. If OEM requests a custom product development from Adobe (i.e. a product that requires Adobe to develop a version of the Adobe Software that is not then a current product offering of Adobe), Adobe and OEM will negotiate the business terms of this custom development, including, without limitation, the scope of work, technical specification, pricing and milestone schedule, and if the parties can agree, the terms of such agreement will be set forth in a non-standard form of a CPSI Application Appendix to be executed by the parties and made a part of this Agreement. 12/05/96ljm Amiable Technologies Inc. - CPSI OEM AGREEMENT 15
Custom Product Development. 15 3.4 OEM-Loaned Equipment and Related Materials .................16 3.5