Common use of Development Prior to Exercise of Opt-In Right Clause in Contracts

Development Prior to Exercise of Opt-In Right. If Otsuka makes a proposal or agrees to a proposal made by Acucela for Development of an Other Indication Product prior to Acucela’s exercise of an Opt-In Right under Section 3.1, Acucela shall conduct Development of such Other Indication Product on behalf of Otsuka, and Otsuka shall bear all Development Costs and compensate Acucela for Development of such Other Indication Product in accordance with the terms of Section 4.3.

Development Prior to Exercise of Opt-In Right. If Otsuka makes a proposal or agrees to a proposal made by Acucela for Development of an Other Indication Product a New Formulation prior to Acucela’s exercise of an Opt-In Right under Section 3.1, Acucela shall conduct Development of such Other Indication Product New Formulation on behalf of Otsuka, and Otsuka shall bear all Development Costs and compensate Acucela for Development of such Other Indication Product New Formulation in accordance with the terms of Section 4.3.