Common use of Development; Manufacturing; Distribution; and Sale of Product Clause in Contracts

Development; Manufacturing; Distribution; and Sale of Product. (i) Relypsa shall be solely responsible for all activities relating to the support for, or conduct of, any pre-clinical or clinical studies for the Product in the Territory, including post-approval studies, investigator initiated studies, health economics and outcomes/research, and phase 4 clinical studies. Costs and expenses for the foregoing activities shall be [***]. (ii) Relypsa shall be solely responsible for all activities relating to manufacture, supply and distribution of the Product (including [***]) in the Territory, including order processing, inventory warehousing, delivery to customers, invoicing and collection of receivables. [***]. (iii) During the Term, Relypsa shall use its Commercially Reasonable Efforts to manufacture, supply, Market and distribute the Product (including [***]) and [***]. (iv) Relypsa shall have the sole right and responsibility to book and account for all sales and to establish and modify the terms and conditions with respect to the sale of the Product, including any terms and conditions relating to or affecting the price at which the Product shall be sold, any discount attributable to payments on receivables, distribution of the Product, credit to be granted or refused and the like. Relypsa shall process, administer and pay any and all rebates, chargebacks and discounts for the Product.

Development; Manufacturing; Distribution; and Sale of Product. (i) Relypsa shall be solely responsible for all activities relating to the support for, or conduct of, any pre-clinical or clinical studies for the Product in the Territory, including post-approval studies, investigator initiated studies, health economics and outcomes/research, and phase 4 clinical studies. Costs and expenses for the foregoing activities shall be [***]. (ii) Relypsa shall be solely responsible for all activities relating to manufacture, supply and distribution of the Product (including [***]) in the Territory, including order processing, inventory warehousing, delivery to customers, invoicing and collection of receivables. [***]. (iii) During the Term, Relypsa shall use its Commercially Reasonable Efforts to manufacture, supply, Market and distribute the Product (including [***]) and [***]. (iv) Relypsa shall have the sole right and responsibility to book and account for all sales and to establish and modify the terms and conditions with respect to the sale of the Product, including any terms and conditions relating to or affecting the price at which the Product shall be sold, any discount attributable to payments on receivables, distribution of the Product, credit to be granted or refused and the like. Relypsa shall process, administer and pay any and all rebates, chargebacks and discounts for the Product.. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. EXECUTION VERSION