Common use of FEES IN EXCESS OF DEVELOPMENT COST LIMIT Clause in Contracts

FEES IN EXCESS OF DEVELOPMENT COST LIMIT. The Development Costs for developing the Inhaler shall not exceed the Development Cost Limit unless AeroGen obtains prior written approval from PathoGenesis. A decision by PathoGenesis not to agree to provide funding for Development Costs in excess of the Development Cost Limit shall not constitute a termination or breach of this Agreement. Unless the parties agree otherwise in writing, in no [*] = 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.