Diligent Development. 8 6.3 Development Of Horizons 8 6.4 Drilling And Producing Restrictions 9 7 OPERATIONS 9 7.2 Prevention Of Waste 10 7.3 Drainage. 10
Diligent Development. Lessee shall exercise reasonable diligence, as a prudent operator, in drilling and operating xxxxx for Oil and Gas on the Leased Premises while such products can be secured in Paving Quantities. At the election of Lessee, Lessee may drill and produce xxxxx necessary to diligently develop the Leased Premises: provided, that the right to drill and produce such xxxxx shall be subject to any system of well spacing or production allotments authorized and approved under applicable law or regulations, approved by the Secretary, and affecting the field or area in which the Leased Premises are situated.
Diligent Development. Each Party shall use Diligent Efforts to carry out, in a timely fashion and in good scientific manner, its responsibilities under Article 3, including, in the case of Catalyst, its obligations under the Development Plan. Additionally, Catalyst shall use Diligent Efforts to: (a) Develop at least one Licensed Product for LEMS in the U.S.; (b) take all other actions necessary to either satisfy BioMarin’s obligations or allow BioMarin to satisfy its obligations (i) to EUSA under the EUSA License and (ii) to the Former Stockholders of Huxley under the Huxley Stock Purchase Agreement, in each case, (i) and (ii), relating to the Development of Licensed Product in the Territory; and (c) complete the double-blind treatment phase of the LMS-002 U.S. Phase 3 Clinical Trial within twenty-four (24) months of the Effective Date, provided that BioMarin complies with its supply obligations under Section 5.1. Any failure by Catalyst to comply with the obligations as set forth in this Section 3.3 shall be deemed to be a material breach of this Agreement, for which BioMarin may exercise its termination rights in accordance with Section 13.2 or any other available remedies at law or in equity.
Diligent Development. GNE shall use Diligent Efforts to Develop [***] and in at least [***] Activities by GNE’s Sublicensees and Affiliates will be considered as GNE’s activities under this Agreement for purposes of determining whether GNE has complied with its obligations under this Section 4.3, provided, however that the failure of a Sublicensee to be diligent is not a breach by GNE hereunder as long as GNE is taking steps to actively enforce the diligence obligation under the sublicense agreement, which shall be consistent with the level of diligence to be applied by GNE under this Section 4.3. Notwithstanding anything to the contrary, any failure by GNE to meet its diligence obligations under this Section 4.3 shall not be considered [***] to the extent that such failure was caused by any act, delay, omission or failure [***] of any of its obligations under the Development Plan or [***]. [***] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Diligent Development. Roche shall use Diligent Efforts to achieve the goals set forth in Section 7.2. Each of the Parties agrees to cooperate with the other in carrying out the Development Plan.
Diligent Development. La Teko shall, in accordance with this Agreement and in a diligent and reasonable manner, explore and develop the Property, provided that such Exploration and Development shall comply with all applicable laws and shall be conducted in accordance with careful workmanlike manner and accepted mining practices.
Diligent Development. (a) Cubist (directly, or through its Related Parties) shall []* Develop a Product for use in the Field and Commercialization in the Cubist Territory. For the purpose of this Section 4.8(a), []* shall be deemed satisfied by the performance of []* of the following in each Calendar Year during the Term: (i) Cubist, together with its Related Parties, has expended at least []*, or any lesser amount authorized by the JSC, in Development of a Product; (ii) Cubist and/or any of its Related Parties is []*; (iii) Cubist *Confidential Treatment Requested. Omitted portions filed with the Commission. and/or any of its Related Parties has []*, (iv) the []* has occurred in the []* or (v) Cubist and/or any of its Related Parties is []*.
(b) Without limiting the generality of Section 4.8(a), Cubist (directly or through its Related Parties) agrees, subject to the provisions of this Section 4.8(b) and Section 4.8(c), to achieve the following specific []* milestones for []* Product in the Field for the Cubist Territory. []* []* []* []*
Diligent Development. Each of the Parties shall use Diligent Efforts to achieve the goals set forth in Section 4.3 and to execute and carry out the Development Plan within the associated budget. Roche shall use Diligent Efforts to obtain Regulatory Approval for the treatment of asthma for the Licensed Product in each country in the ROW Territory (other than the European Union). Roche’s efforts in this regard shall be discussed with PDL through the JDC. Roche from time to time (but in any event no less frequently than yearly) shall provide PDL with written updates discussing in reasonable detail its clinical trial activities and plans with respect to Development for all countries of the ROW Territory outside the European Union for which Roche has current or contemplated activities and plans. Each of the Parties agrees to cooperate with the other in carrying out the Development Plan.
Diligent Development. Each of the Parties shall use Diligent Efforts to achieve the goals set forth in Section 4.3 and to execute and carry out the Development Plans within the associated budget. Roche shall use Diligent Efforts to obtain Regulatory Approval for use in the Asthma Field for the Licensed Product in each country in the ROW Territory (other than the European Union). Roche’s efforts in this regard shall be discussed with PDL through the Asthma JDC. Roche shall use Diligent Efforts to obtain Regulatory Approval for use in the transplant maintenance setting for the Licensed Product in each country in the ROW Territory (other than the European Union). Roche’s efforts in this regard shall be discussed with PDL through the Transplant JDC. Roche from time to time (but in any event no less frequently than yearly) shall provide PDL with written updates discussing in reasonable detail its clinical trial activities and plans with respect to Development for all countries of the ROW Territory outside the European Union for which Roche has current or contemplated activities and plans. Each of the Parties agrees to cooperate with the other in carrying out the Development Plans.
Diligent Development. CRXX shall use Diligent Efforts to Develop Products in the Territory. Any failure by CRXX to comply with the obligations set forth in this Section 4.4 shall be deemed to be a material breach of this Agreement, but only with respect to such country(ies) and/or jurisdiction(s) in which such failure occurs, for which PGx may exercise its rights under Article 13 to terminate the license granted under Section 2.1 with respect to such country(ies) and/or jurisdiction(s); provided, however, that if CRXX fails to use Diligent Efforts to Develop Product(s) in the United States of America or any of the Major EU Countries, PGx may exercise its termination rights under Article 13 with respect to this Agreement in its entirety in addition to any other available remedies at law or in equity.
