Common use of Development of Companion Diagnostic Clause in Contracts

Development of Companion Diagnostic. The Parties may mutually agree to Develop or Commercialize a Companion Diagnostic for use with the Shared Products; provided that, in the event the Parties do not agree to jointly Develop or Commercialize a Companion Diagnostic, the JDC may permit a Party to Develop, Manufacture or Commercialize a Companion Diagnostic for use with Shared Products in the Territory, directly or indirectly through a Third Party Contractor. In such event, all costs and profits with respect to such Development, Manufacturing or Commercialization of the Companion Diagnostics for U.S. Administration (as Developed, Manufactured and Commercialized in accordance with this Section 3.7(a)) shall, prior to any Vividion Opt-Out date, be shared by the Parties in accordance with the Development Cost Share or the Profit & Loss Share, as applicable, pursuant to a mechanism agreed to by the Parties at the time the Parties agree or the JDC permits a Party to Develop, Manufacture or Commercialize the applicable Companion Diagnostic.

Development of Companion Diagnostic. The Parties may mutually agree to Develop or Commercialize a Companion Diagnostic for use with the Shared Products; provided that, in the event the Parties do not agree to jointly Develop or Commercialize a Companion Diagnostic, the JDC may permit a Party to Develop, Manufacture or Commercialize a Companion Diagnostic for use with Shared Products in the Territory, directly or indirectly through a Third Party Contractor. In such event, all costs and profits with respect to such Development, Manufacturing or Commercialization of the Companion Diagnostics for U.S. Administration Diagnostic (as Developed, Manufactured and Commercialized in accordance with this Section 3.7(a3.6(a)) shall, prior to any Vividion Opt-Out date, shall be shared by the Parties in accordance with the Development Cost Share or the Profit & Loss Share, as applicable, pursuant to a mechanism agreed to by the Parties at the time the Parties agree or the JDC JCD permits a Party to Develop, Manufacture or Commercialize the applicable Companion Diagnostic.