Common use of Development Outside Territory Clause in Contracts

Development Outside Territory. Upon future mutual written agreement by BIONUMERIK and GRELAN and if such rights are then available, KI PHARMA may market, sell and distribute certain specified Venture Products in other parts of Asia in addition to Japan. Notwithstanding the foregoing, GRELAN shall remain free to license the rights to Venture Products GR outside of the Territory in its sole discretion without the consent or approval of KI PHARMA or BIONUMERIK; and BIONUMERIK shall remain free to license the rights to Venture Products BN outside the Territory in its sole discretion without the consent or approval of KI PHARMA or GRELAN. In addition to the foregoing, nothing in this Agreement shall impact or restrict (a) the ability of GRELAN to develop, market, sell, distribute, license, or otherwise commercially dispose of Venture Products GR outside of the Territory in its sole discretion without the consent or approval of KI PHARMA or BIONUMERIK, or (b) the ability of BIONUMERIK to develop, market, sell, distribute, license, or otherwise commercially dispose of Venture Products BN outside of the Territory in its sole discretion without the consent or approval of KI PHARMA or GRELAN.