Common use of Exclusive Relationship Clause in Contracts

Exclusive Relationship. 9.1 During the term of this Agreement the parties shall work exclusively with one another for Compound delivery by MTS. 9.2 In the event that RADIUS elects to further develop the Product developed by 3M hereunder for commercialization, 3M shall have the exclusive right to further develop and manufacture Product for RADIUS and/or RADIUS licensees at a reasonable, good faith price, consistent with customary drug supply pricing and such other terms and conditions as are reasonable and customary in the commercial supply of pharmaceutical compounds. Any such development and supply agreements shall be negotiated in good faith between the parties. 3M’s pricing for commercial supply of Product to RADIUS and/or RADIUS licensees will depend, among other things, on such factors as the components used, packaging, formulation, sales volume, and other costs that are not known at this time. 3M shall make its election with respect to further development and commercial manufacture/supply upon request by RADIUS at any time following completion of Phase I clinical testing of Product, and if 3M elects to further develop and manufacture/supply Product, 3M and RADIUS shall promptly negotiate in good faith the terms of a formal “Commercial Supply Agreement” within 6 months of the start of Phase II clinical testing. 9.3 Neither RADIUS nor 3M has any obligation under this Agreement to proceed beyond the Workplan.

Exclusive Relationship. 9.1 During the term of this Agreement the parties shall work exclusively with one another for Compound delivery by MTS. 9.2 In the event that RADIUS elects to further develop the Product developed by 3M hereunder for commercialization, 3M shall have the exclusive right to further develop and manufacture Product for RADIUS and/or RADIUS licensees at a reasonable, good faith price, consistent with customary drug supply pricing and such other terms and conditions as are reasonable and customary in the commercial supply of pharmaceutical compounds. Any such development and supply agreements shall be negotiated in good faith between the parties. 3M’s pricing for commercial supply of Product to RADIUS and/or RADIUS licensees will depend, among other things, on such factors as the components used, packaging, formulation, sales volume, and other costs that are not known at this time. 3M shall make its election with respect to further development and commercial manufacture/supply upon request by RADIUS at any time following completion of Phase I clinical testing of Product, and if 3M elects to further develop and manufacture/supply Product, 3M and RADIUS shall promptly negotiate in good faith the terms of a formal “Commercial Supply Agreement” within 6 [[*]] months of the start of Phase II clinical testing. 9.3 Neither RADIUS nor 3M has any obligation under this Agreement to proceed beyond the Workplan.