Development Expenses. (a) Subject to Section 4.5(b), all Development Expenses incurred by the Parties under the Development Plan in the Territory shall be shared between the Parties at a ratio of 75:25 (Biogen Idec:Portola) as determined according to the provisions of the Financial Exhibit. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
(b) On a Product-by-Product basis, Portola shall have the option (the “Opt-Out Option”) to opt-out of its co-funding of the Development of such Product under this Section 4.5, which option shall be exercisable by providing Biogen Idec with written notice within ninety (90) days after the earlier of either: (i) receiving from the FDA the minutes (or other correspondence) regarding the first EOP2 Meeting with the FDA, at which the Parties present their proposed protocol for, and obtain the FDA’s advice regarding, a Phase III Clinical Trial (or other pivotal trial) in the first Indication for such Product that is not a Niche Indication; or (ii) receiving from Biogen Idec a written notice confirming that Biogen Idec is committed to commence and conduct a Phase III Clinical Trial for such Product for an Indication that is not a Niche Indication, after the JSC makes a decision to commence and conduct such Phase III Clinical Trial. Upon Portola’s exercise of the Opt-Out Option notwithstanding anything herein to the contrary: (A) Portola’s obligation to share Development Expenses for such Product under this Section 4.5 shall terminate with respect to all Development Expenses incurred after such date and the Parties shall prepare a Reconciliation Statement for the fractional Calendar Quarter ending upon such date and payment(s) between the Parties shall be made accordingly and pursuant to the Financial Exhibit; (B) subject to Section 11.4, Biogen Idec shall thereafter be responsible for one hundred percent (100%) of the Development Expenses for such Products incurred by either Party after such date; (C) for as long as Portola continues to conduct Portola Development Activities for such Product under the Development Plan, Portola shall provide Biogen Idec with reports of its Development Expenses for such Product on a quarterly basis in accordance with the quarterly close process outlined in the Financial Exhibit; (D) Portola shall no longer share any Collaboration Operatin...
Development Expenses. Novartis shall be solely responsible for the costs and expenses of Developing and commercializing Licensed Products pursuant to the terms of this Agreement, except with respect to Infinity’s research, development and commercialization activities with respect to an Abandoned Profile pursuant to Section 3.3.1 (subject to Section 2.3).
Development Expenses. Bionics will reimburse the Company for all reasonable expenses directly associated with the development of the Lead for Bionics (including, without limitation, costs associated with animal studies and human trials), when the Company submits a request to Bionics for approval prior to incurring such expenses and such expenses are incurred with Bionics’ written approval, provided receipts for such expenses are submitted to Bionics within 30 days after such expenses are incurred. Upon receiving a request for expense authorization from the Company, Bionics will indicate to the Company whether the requested expense is authorized within 15 days for expenses up to $1,000 and within 30 days for expenses over $1,000. Bionics will reimburse the Company within 30 days of receiving reasonably detailed invoices describing the Company’s authorized expenses under this Agreement. The Company will provide those invoices to Bionics within 15 days after the end of each month in which the Company incurs any authorized expense.
Development Expenses. Within five (5) business days of the closing of the Offering and upon the receipt by Xxxxxx Corp. II of an invoice therefor, Xxxxxx Corp. II shall reimburse DURA for all development services as set forth on SCHEDULE 5.3 incurred by DURA through the date of the closing of the Offering, estimated to be ____________________________ Dollars ($____________) but which shall in no event exceed _________________________________ Dollars ($____________).
Development Expenses. Developer hereby acknowledges that, except to the extent required to deliver the Minimum Development Amount in accordance with the Anticipated Installment Schedule, Licensee will not make available the amounts delivered pursuant to Sections 6.1 and 6.2 at any one time, but will make periodic payments of such amounts to Developer in a manner which enables Developer to pay the expenses of development and publication of the Licensed Game as set forth in the Resource Schedule ("Development Expenses"). All payments to Developer pursuant to this Section 6 shall be deemed to have been made available for Development Expenses only and shall be used by Developer solely for Development Expenses.
Development Expenses. Except as provided in the last sentence of -------------------- Article
Development Expenses. Except as expressly stated in this Agreement, ImproveNet will be responsible for its own cost of development of the ImproveNet System and integration with GEA and will pay for the costs of the personnel, materials, and facilities it contributes to such effort.
Development Expenses. Except as otherwise set forth in this Agreement, including the Development Plan and the Integrated ASM Development Plan, each Party shall bear its own expenses with respect to the Development Work.
Development Expenses. Subject to Section 6.1 below, AstraZeneca will be responsible for the payment of all Development Expenses incurred after the Effective Date in connection with the Development of Licensed Products in the Territory. With respect to the Development activities allocated to, and conducted by Ardelyx in accordance with the Development Plan, AstraZeneca shall reimburse Ardelyx for all Development Expenses incurred by Ardelyx that are consistent with and within the limits of the Development Plan and the Development Budget each as approved by the DCC. For the avoidance of doubt, the foregoing shall include Development Expenses incurred by Ardelyx for the conduct of the IBS-C Study, which expenses shall be reimbursed by AstraZeneca hereunder, up to a maximum amount of [***]. Ardelyx’s Internal Development Expenses shall be determined on an FTE basis in accordance with this Section 4.3. Ardelyx shall submit invoices to AstraZeneca at the beginning of each Calendar Quarter, which invoices shall detail the Development Expenses incurred by Ardelyx during the previous Calendar Quarter, including all FTE charges and all External Development Expenses in connection with performing activities under the Development Plan and within the Development Budget. Ardelyx may, in its sole discretion, elect to submit invoices to AstraZeneca on a monthly basis rather than on a Calendar Quarter basis (in which case Ardelyx shall submit invoices to AstraZeneca at the beginning of each calendar month and such invoices shall detail such Development Expenses incurred by Ardelyx during the previous calendar month). Ardelyx’s FTEs shall be charged to Development Expenses at an annual rate of [***] per FTE, subject to Section 3.4(ix) (the “Development FTE Rate”). For the avoidance of doubt, such rate shall include [***]. AstraZeneca shall pay each invoice fulfilling the requirements set out in Section 9.12 within forty-five (45) days of its receipt thereof, regardless of whether such invoices have been submitted on a Calendar Quarter or monthly basis.
Development Expenses. Medeva shall pay to Anthra the payments set forth in Section 7.1 to cover the development of the Product. Except as provided in Section 7.1, Anthra shall bear all costs and expenses arising out of or relating to the Development Activities; provided, however, *** CONFIDENTIAL TREATMENT REQUESTED.
