Development Effort. NOVACEA agrees at its sole cost and expense to use its best efforts to obtain Approval to market Finished Product in such countries in the Territory as shall be reasonably determined by NOVACEA, except that NOVACEA shall use its best efforts to obtain FDA Approval to market Finished Product in the United States based upon a NDA or ANDA, as shall be determined by NOVACEA. Notwithstanding the foregoing, if NOVACEA enters into an agreement with an effective date of no later than [*] with a Commercialization Partner to commercialize the Finished Product, then the standard above shall not apply and instead the standard provided in NOVACEA’s agreement with such Commercialization Partner shall apply which will at least be a commercially reasonable efforts standard. Alternatively, if this Agreement is assigned to such Commercialization Partner, then the standard applicable to the Commercialization Partner shall be the commercially reasonable efforts standard. In connection with the FDA Approval described above, NOVACEA shall at its sole cost and expense conduct all tests and studies reasonably required to enable NOVACEA to apply for, obtain and maintain FDA Approval for Finished Product. In connection with the development of Finished Product and securing any Approvals, NOVACEA agrees, on behalf of itself, its Affiliates and their respective licensees or contract manufacturing vendors, if any, to use only API obtained from PLANTEX (or its Affiliates) and from the second source that NOVACEA proposes to utilize pursuant to Section 5.1 below, and purchase all their respective development requirements of API from PLANTEX (or its Affiliates) and such second source. Upon the execution and delivery of this Agreement, PLANTEX shall provide and deliver to NOVACEA without charge two (2) grams of API. Thereafter, NOVACEA shall be charged [*] dollars ($[*]) per gram for Developmental Orders (as herein defined) of API sold hereunder and such price shall not be subject to increase or decrease. Notwithstanding Section 6.2 below, such payment shall be due and payable upon delivery to NOVACEA of any Developmental Order or portion thereof. As used herein, “
Development Effort. With the assistance and cooperation of Ambient, Cisco shall use reasonable commercial efforts to develop and deliver the Deliverables in accordance with the Statement of Work; provided, however, that the due date for any Deliverable, performance of which was delayed on account of failure of Ambient to complete any of its prerequisite obligations in a timely fashion, shall be extended by one day for each day of Ambient's lateness. Each Deliverable shall be delivered in such format and on such media as may be reasonably requested by Ambient.
Development Effort. The Company shall use its reasonable good faith ------------------ efforts to pursue the development of the Compound, including the necessary manufacturing, process development, preclinical and clinical trials and preparation and prosecution of regulatory submissions, and ultimately shall use its reasonable good faith efforts to pursue commercialization of the Compound, either on its own or in conjunction with one or more other Persons, as determined by the Company.
Development Effort. The Company shall use commercially reasonable ------------------ efforts to develop and commercialize the Licensed Products.
Development Effort. GS shall carry out its responsibilities under Section 2.1 using reasonable efforts consistent with prudent business judgment, and in accordance with all applicable legal and regulatory requirements including, without limitation, then-current Good Laboratory Practices, and Good Clinical Practices.
Development Effort. Each party agrees to use commercially reasonable efforts to undertake and complete development of the Deliverables in accordance with the Milestone Schedule and to timely deliver all the Deliverables. Certain tasks to be undertaken by a party may require information from the other party or completion of certain tasks by the other party prior to a party undertaking its tasks. Each party agrees that any delay in a party meeting the Milestones that is caused by the failure of the other party to timely provide such required information or complete performance shall not constitute a default under this Agreement.
Development Effort. Developer shall develop and deliver the Deliverables in accordance with the Specifications and any Development Statement of Work; provided, however, that the due date for any Deliverable, performance of which was delayed on account of failure of Cisco to complete any of its prerequisite obligations in a timely fashion, may be extended up to one day for each day of Cisco’s lateness. Each Deliverable shall be delivered in such format and on such media as may be reasonably requested by Cisco or as designated in the Development Statement of Work.
Development Effort. Discovery shall use Diligent Development Efforts to develop at least one Licensed Product and to otherwise carry out its responsibilities under this Agreement relating to such Licensed Product promptly and expeditiously in accordance with all Laws. Notwithstanding the foregoing, the Parties acknowledge that the development of pharmaceutical products is inherently speculative and there is no guarantee that Discovery will be successful in developing any commercially viable Licensed Products, or that the development of any Licensed Products will proceed as anticipated.
Development Effort. Novacea shall carry out its responsibilities under the Development Plan (including, without limitation, the obligation to complete the two Phase 2 clinical trials described in Schedule 2.2 and those Phase I clinical trials identified by the Steering Committee as necessary precursors) using reasonable efforts consistent with prudent business judgment (including, without limitation, taking into account cost), and in accordance with all applicable legal and regulatory requirements including, without limitation and to the extent applicable, then-current Good Laboratory Practices, Good Clinical Practices, and Good Manufacturing Practices.
Development Effort. Avistar shall make available to LifeSize in an electronic format, unless otherwise requested by LifeSize, each Deliverable listed on Exhibit A in accordance with the specification listed on Exhibit A and shall use commercially reasonable efforts to do so on or before December 31, 2008 (“Delivery Date”). The Deliverables will include all software release documentation and, within ten (10) business days of first commercial availability, all updates, upgrades and enhancements to the Deliverables and related documentation. OHS West:260478389.2 19233-2001 INC/CD5 [***] Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed pursuant to Rule 24b-2 promulgated under the Securities Exchange Act of 1934, as amended, and the omitted portions represented by [***] have been separately filed with the Securities and Exchange Commission.
