Common use of Dedicated Equipment Clause in Contracts

Dedicated Equipment. Seattle Genetics shall pay the cost of additional equipment purchased by Abbott (“Dedicated Equipment”), which is required for Abbott to manufacture Bulk Drug Substance for Seattle Genetics (subject to the approval conditions stated below). Abbott shall advise Seattle Genetics of any Dedicated Equipment required and the estimated costs associated with the purchase, installation and validation of such Dedicated Equipment. Abbott must receive written approval (letter, e-mail or facsimile) by an authorized Seattle Genetics representative prior to the purchase of any such Dedicated Equipment. Such Dedicated Equipment shall be used exclusively for manufacturing of Bulk Drug Substance hereunder, unless otherwise permitted in advance by Seattle Genetics in writing. If Seattle Genetics authorizes the use of such Dedicated Equipment for other products, Abbott shall provide Seattle Genetics with a credit in the reasonable amount of prorated cost(s) of the Dedicated Equipment (based on relative time of usage for each product). Abbott shall xxxx Seattle Genetics for the reasonable installation and equipment validation costs after Abbott installs the Dedicated Equipment. This Section 8.8 shall not apply to any replacement equipment purchased by Abbott because of obsolescence (technical or otherwise). Dedicated Equipment, as estimated on or around the Effective Date, is outlined in Exhibit X. Xxxxxx shall own any Dedicated Equipment. In the event this Agreement is terminated, Abbott and Seattle Genetics shall in good faith agree on the commercially reasonable procedures and costs related to the transfer of title to and possession of Dedicated Equipment to Seattle Genetics. Seattle Genetics agrees and acknowledges that upon termination of this Agreement, unless otherwise agreed in accordance with this Section, Seattle Genetics shall own such Dedicated Equipment and shall remove its Dedicated Equipment from Xxxxxx’x property within thirty (30) days after the termination of the Agreement. Upon such termination, if Abbott wishes to retain any such Dedicated Equipment (in Xxxxxx’x sole discretion), and Seattle Genetics approves of such retention in writing, Abbott shall reimburse Seattle Genetics for such retained Dedicated Equipment at its then current book value. In addition to Exhibit F, Abbott shall submit quarterly to Seattle Genetics, an updated estimate of Dedicated Equipment costs for the entire Project. Title to, and risk of loss of, all Dedicated Equipment shall be retained by Seattle Genetics; provided, however, that Abbott shall be responsible for replacing any Dedicated Equipment that is destroyed due to Xxxxxx’x negligence, willful misconduct, unauthorized use or unauthorized use with other products. All Dedicated Equipment shall remain at Xxxxxx’x manufacturing facilities. Abbott shall be responsible for maintaining and servicing the Dedicated Equipment. Seattle Genetics, however, shall be responsible for the cost of non-routine maintenance and servicing of the Dedicated Equipment (such as major repairs and material parts replacement), except to the extent caused by Xxxxxx’x negligence, willful misconduct, unauthorized use or use with other products in which case Abbott shall be responsible. Abbott shall notify Seattle Genetics prior to the performance of any non-routine maintenance or servicing, and Seattle Genetics shall reimburse Abbott at cost for such maintenance or servicing costs that Seattle Genetics has authorized to be incurred and for which it is responsible.

Dedicated Equipment. Seattle Genetics ZymoGenetics shall pay the cost of additional equipment purchased by Abbott Xxxxxx (“Dedicated Equipment”), which is required for Abbott Xxxxxx to manufacture [ * ] designated portions of this document have been omitted pursuant to a request for confidential treatment filed separately with the Commission. Bulk Drug Substance for Seattle Genetics ZymoGenetics (subject to the approval conditions stated below). Abbott Xxxxxx shall advise Seattle Genetics ZymoGenetics of any Dedicated Equipment required and the estimated costs associated with the purchase, installation and validation of such Dedicated Equipment. Abbott must receive written approval (letter, e-mail or facsimile) by an authorized Seattle Genetics representative prior to the purchase of any such Dedicated Equipment. Such Dedicated Equipment DedicatedEquipment shall be used exclusively for manufacturing of Bulk Drug Substance hereunder, unless otherwise permitted in advance by Seattle Genetics ZymoGenetics in writing. If Seattle Genetics authorizes the use of such Dedicated Equipment for other products, Abbott shall provide Seattle Genetics with a credit in the reasonable amount of prorated cost(s) of the Dedicated Equipment (based on relative time of usage for each product). Abbott [ * ] Xxxxxx shall xxxx Seattle Genetics ZymoGenetics for the reasonable installation and equipment validation costs after Abbott Xxxxxx installs the Dedicated Equipment. This Section 8.8 shall not apply to any replacement equipment purchased by Abbott Xxxxxx because of obsolescence (technical or otherwise). Dedicated Equipment, as estimated on or around the Effective Date, is outlined in Exhibit X. Xxxxxx F. Any requirements that vary from Exhibit F herein shall be communicated to ZymoGenetics and approved in writing (letter, e-mail or facsimile) by an authorized ZymoGenetics representative prior to the purchase of any such Dedicated Equipment. ZymoGenetics shall own any Dedicated Equipment upon the date it makes full payment to Xxxxxx for said Dedicated Equipment. In the event this Agreement is terminated, Abbott Xxxxxx and Seattle Genetics ZymoGenetics shall in good faith agree on the commercially reasonable procedures and costs related to the transfer return of title to and possession of the Dedicated Equipment to Seattle Genetics. Seattle Genetics agrees and acknowledges that upon termination of this Agreement, unless otherwise agreed in accordance with this Section, Seattle Genetics shall own such Dedicated Equipment and shall remove its Dedicated Equipment from Xxxxxx’x property within thirty (30) days after the termination of the AgreementZymoGenetics. Upon such termination, if Abbott Xxxxxx wishes to retain any such Dedicated Equipment (in Xxxxxx’x sole discretion)Equipment, and Seattle Genetics ZymoGenetics approves of such retention in writing, Abbott Xxxxxx shall reimburse Seattle Genetics for such retained Dedicated Equipment at its then current book value. [ * ] In addition to Exhibit F, Abbott Xxxxxx shall submit quarterly to Seattle GeneticsZymoGenetics, an updated estimate of Dedicated Equipment costs for the entire Project. Xxxxxx shall purchase such Dedicated Equipment and promptly xxxx ZymoGenetics. Xxxxxx must receive written approval from ZymoGenetics prior to any such purchase if (a) the purchase is for an amount greater than [ * ] of (b) if the aggregate of such purchases during a particular calendar quarter are for an amount greater than [ * ]. Title to, and risk of loss of, all Dedicated Equipment shall be retained by Seattle GeneticsZymoGenetics; provided, however, that Abbott Xxxxxx shall be responsible for replacing any ZymoGenetics Owned Dedicated Equipment that is destroyed due to Xxxxxx’x negligence, willful misconduct, unauthorized use or unauthorized use with other products. All Dedicated Equipment shall remain at Xxxxxx’x manufacturing facilities. Abbott Xxxxxx shall be responsible for maintaining and servicing the Dedicated Equipment. Seattle GeneticsZymoGenetics, however, shall be responsible for the cost of non-routine maintenance and servicing of the Dedicated Equipment (such as major repairs and material parts replacement), except to the extent caused by Xxxxxx’x negligence, willful misconduct, unauthorized use or use with other products in which case Abbott Xxxxxx shall be responsible. Abbott Xxxxxx shall notify Seattle Genetics ZymoGenetics prior to the performance of any non-routine maintenance or servicing, and Seattle Genetics ZymoGenetics shall reimburse Abbott Xxxxxx at cost for such maintenance or servicing costs that Seattle Genetics ZymoGenetics has authorized to be incurred and for which it is responsible.

Dedicated Equipment. Seattle Genetics shall pay the cost of additional equipment purchased by Abbott (“Dedicated Equipment”), which is required for Abbott to manufacture Bulk Drug Substance for Seattle Genetics (subject to the approval conditions stated below). Abbott shall advise Seattle Genetics of any Dedicated Equipment required and the estimated costs associated with the purchase, installation and validation of such Dedicated Equipment. Abbott must receive written approval (letter, e-mail or facsimile) by an authorized Seattle Genetics representative prior to the purchase of any such Dedicated Equipment. Such Dedicated Equipment shall be used exclusively for manufacturing of Bulk Drug Substance hereunder, unless otherwise permitted in advance by Seattle Genetics in writing. If Seattle Genetics authorizes the use of such Dedicated Equipment for other products, Abbott shall provide Seattle Genetics with a credit in the reasonable amount of prorated cost(s) of the Dedicated Equipment (based on relative time of usage for each product). [*] Abbott shall xxxx Seattle Genetics for the reasonable installation and equipment validation costs after Abbott installs the Dedicated Equipment. This Section 8.8 shall not apply to any replacement equipment purchased by Abbott because of obsolescence (technical or otherwise). Dedicated Equipment, as estimated on or around the Effective Date, is outlined in Exhibit X. Xxxxxx shall own any Dedicated Equipment. In the event this Agreement is terminated, Abbott and Seattle Genetics shall in good faith agree on the commercially reasonable procedures and costs related to the transfer of title to and possession of Dedicated Equipment to Seattle Genetics. Seattle Genetics agrees and acknowledges that upon termination of this Agreement, unless otherwise agreed in accordance with this Section, Seattle Genetics shall own such Dedicated Equipment and shall remove its Dedicated Equipment from Xxxxxx’x property within thirty (30) days after the termination of the Agreement. Upon such termination, if Abbott wishes to retain any such Dedicated Equipment (in Xxxxxx’x sole discretion), and Seattle Genetics approves of such retention in writing, Abbott shall reimburse Seattle Genetics for such retained Dedicated Equipment at its then current book value[*]. In addition to Exhibit F, Abbott shall submit quarterly to Seattle Genetics, an updated estimate of Dedicated Equipment costs for the entire Project. Title to, and risk of loss of, all Dedicated Equipment shall be retained by Seattle Genetics; provided, however, that Abbott shall be responsible for replacing any Dedicated Equipment that is destroyed due to Xxxxxx’x negligence, willful misconduct, unauthorized use or unauthorized use with other products. All Dedicated Equipment shall remain at Xxxxxx’x manufacturing facilities. Abbott shall be responsible for maintaining and servicing the Dedicated Equipment. Seattle Genetics, however, shall be responsible for the cost of non-routine maintenance and servicing of the Dedicated Equipment (such as major repairs and material parts replacement), except to the extent caused by Xxxxxx’x negligence, willful misconduct, unauthorized use or use with other products in which case Abbott shall be responsible. Abbott shall notify Seattle Genetics prior to the performance of any non-routine maintenance or servicing, and Seattle Genetics shall reimburse Abbott at cost for such maintenance or servicing costs that Seattle Genetics has authorized to be incurred and for which it is responsible. [*] Confidential treatment has been requested with respect to the omitted portions.

Dedicated Equipment. Seattle Genetics shall pay the cost of additional equipment purchased by Abbott (“Dedicated Equipment”), which is required for Abbott to manufacture Bulk Drug Substance for Seattle Genetics (subject to the approval conditions stated below). Abbott shall advise Seattle Genetics of any Dedicated Equipment required and the estimated costs associated with the purchase, installation and validation of such Dedicated Equipment. Abbott must receive written approval (letter, e-mail or facsimile) by an authorized Seattle Genetics representative prior to the purchase of any such Dedicated Equipment. Such Dedicated Equipment shall be used exclusively for manufacturing of Bulk Drug Substance hereunder, unless otherwise permitted in advance by Seattle Genetics in writing. If Seattle Genetics authorizes the use of such Dedicated Equipment for other products, Abbott shall provide Seattle Genetics with a credit in the reasonable amount of prorated cost(s) of the Dedicated Equipment (based on relative time of usage for each product)[***]. Abbott shall xxxx Seattle Genetics for the reasonable installation and equipment validation costs after Abbott installs the Dedicated Equipment. Seattle Genetics shall be responsible for any licensing fees, milestones, or royalties associated with Dedicated Equipment. This Section 8.8 8.11 shall not apply to any replacement equipment purchased by Abbott because of obsolescence (technical or otherwise). Dedicated Equipment, as estimated on or around the Effective Date, is outlined in Exhibit X. Xxxxxx shall own any Dedicated Equipment. In the event this Agreement is terminated, Abbott and Seattle Genetics shall in good faith agree on the commercially reasonable procedures and costs related to the transfer of title to and possession of Dedicated Equipment to Seattle Genetics. Seattle Genetics agrees and acknowledges that upon termination of this Agreement, unless otherwise agreed in accordance with this Section, Seattle Genetics shall own such Dedicated Equipment and shall remove its Dedicated Equipment from Xxxxxx’x property within thirty (30) days after the termination of the Agreement. Upon such termination, if Abbott wishes to retain any such Dedicated Equipment (in Xxxxxx’x sole discretion), and Seattle Genetics approves of such retention in writing, Abbott shall reimburse Seattle Genetics for such retained Dedicated Equipment at its then current book value[***]. In addition to Exhibit F, Abbott shall submit quarterly to Seattle Genetics, an updated estimate of Dedicated Equipment costs for the entire Project. Title to, and risk Risk of loss of, of all Dedicated Equipment shall be retained by Seattle Genetics; provided, however, that Abbott shall be responsible for replacing any Dedicated Equipment that is destroyed due to Xxxxxx’x negligence, willful misconduct, unauthorized use or unauthorized use with other products. All Dedicated Equipment shall remain at Xxxxxx’x manufacturing facilities. Abbott shall be responsible for maintaining and servicing the Dedicated Equipment. Seattle Genetics, however, shall be responsible for the cost of non-routine maintenance and servicing of the Dedicated Equipment (such as major repairs and material parts replacement), except to the extent caused by Xxxxxx’x negligence, willful misconduct, [***] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. unauthorized use or use with other products in which case Abbott shall be responsible. Abbott shall notify Seattle Genetics prior to the performance of any non-routine maintenance or servicing, and Seattle Genetics shall reimburse Abbott at cost for such maintenance or servicing costs that Seattle Genetics has authorized to be incurred and for which it is responsible.