Common use of Discretionary Termination Clause in Contracts

Discretionary Termination. Company shall have the right to terminate this Agreement in full, or on a Product-by-Product basis, [*] after delivery of written notice to Amgen if the Board of Directors of Company concludes due to scientific, technical, regulatory or commercial reasons, including (a) safety or efficacy concerns, including adverse events of a Product, (b) concerns relating to the present or future marketability or profitability of a Product, (c) reasons related to patent coverage or (d) existing and anticipated competition, renders the Exploitation of a Product no longer commercially practicable for Company. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.

Discretionary Termination. Company shall have the right to terminate this Agreement in full, or on a Product-by-Product basis, full [*] days after delivery of written notice to Amgen if the Board of Directors of Company concludes due to scientific, technical, regulatory or commercial reasons, including (a) safety or efficacy concerns, including adverse events of a the Product, (b) concerns relating to the present or future marketability or profitability of a the Product, (c) reasons related to patent coverage or (d) existing and anticipated competition, renders the Exploitation of a the Product no longer commercially practicable for Company. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.