Existing Contract, Product under Development Sample Clauses

Existing Contract, Product under Development. Value sharing for a Product currently under development pursuant to an agreement with a third party that has an effective date prior to the effective date of the Subsequent Agreement, but where Amyris and Ginkgo have mutually agreed that such Product and/or agreement with a third party is an agreement under the Partnership, will be as follows: (i) Value-Creation and Incremental Fee Payments will be split between the parties * . The parties agree that the Products listed in Table 3 below are considered Products under development and value sharing will be as described in this Section 2(c): * * * * * * * * * * The parties agree that, unless agreed otherwise agreed to by the parties, the existing Program Leads for the Products listed in Table 3 above will remain in place subject to resolution of conflicting customer contracts. If one party is required to terminate an agreement with a third party that conflicts with an agreement of the other party in order to further the Partnership, then the value share for the surviving contract will be as follows: Value-Creation and future fees, cost-sharing payments and/or milestone payments will be split between the parties * .