Funding of the Development Program. (a) First-Time Pre-Clinical Development Activities. Alexion shall bear [*] percent ([*]%), and XOMA shall bear [*] percent ([*]%), of all Development Expenses incurred in conducting each activity set forth in the Initial Development Plan for the first Product to undergo such activity (collectively, the "First-Time Pre-Clinical Development Activities").
Funding of the Development Program. (a) In consideration of the royalty payments set forth in Section 2 of this Agreement, Crescendo hereby agrees to fund the Doxil-Registered Trademark- Development Program in amounts as proposed by ALZA and approved by Crescendo from time to time (the "Development Payments"). The Doxil- Registered Trademark- Development Program shall be set forth in work plans prepared by ALZA which are subject to the approval (in whole or in part) or the rejection (in whole or in part) of Crescendo. Each such approved work plan shall constitute a "Work Plan" within the meaning of the Development Agreement. The parties agree to review the Work Plan from time to time (no less often than the end of each stage of development) and to revise the Work Plan as appropriate so that it remains a best estimate of the work to be done under the Doxil-Registered Trademark- Development Program and the amounts required to fund such work. Crescendo shall not be obligated to make Development Payments in excess of those provided for in an approved Work Plan, and ALZA shall not be obligated to perform work on the Doxil-Registered Trademark- Development Program which would result in Development Payments exceeding those in an approved Work Plan.
(b) ALZA and Crescendo agree that the Development Payments shall be paid under the Development Agreement, shall be made on the same basis as "Development Costs" (as set forth in Sections 4.1 and 4.2 of the Development Agreement) and shall constitute "Development Costs" within the meaning of the Development Agreement.
(c) ALZA and Crescendo agree that the Doxil-Registered Trademark- Development Program constitutes an activity undertaken pursuant to the Development Agreement within the meanings of Sections 1.5 and 10.1 thereof.
(d) Developments Payments are intended to be included as part of the "total amount paid by or due from this corporation under the Development Agreement" for purposes of Article FIFTH, Section (A)(18)(c) of the Restated Certificate of Incorporation of Crescendo (the "Certificate"), as part of "expenditures pursuant to the Development Agreement" for purposes of Article FIFTH, Section (A)(19) of the Certificate, as part of the "total amounts paid by or due from this corporation pursuant to the Development Agreement" for purposes of Article FIFTH, Section (A)(21) of the Certificate, and as part of "any additional amounts.that are paid by (or due from) this corporation under the Development Agreement" for purposes of Article FIFTH, Secti...
Funding of the Development Program. 3.1 Kos shall provide total funding for Phase 1 of the Development Program as set forth in Appendix B, in the amount of **************************** ****************************************************************************** ******************* of which shall be paid to Fuisz within *********** days of the Effective Date, and ******************************** of which shall be paid within ************************ following the end of Phase 1 and ****************************************** of which shall be paid within **************** following completion of the Phase 1 ******************* of Appendix B. This amount of funding may be increased by mutual agreement. This funding shall not include the cost of the ******************* which shall be funded and paid for ************. In the event Kos chooses to proceed to Phase 2 and/or Phase 3 as set forth in Appendix B, unless Fuisz determines further development is not feasible, Kos shall pay to Fuisz additional amounts commensurate with the activity involved and as mutually agreed, consistent with the cost of Phase 1 and with the level of activity, for Phase 2 and for Phase 3 payable within **************** of commencement of the phases.
3.2 In the event the Development Program is extended by mutual written agreement of the parties, each successive one (1) week extension after the initial term shall be funded and paid to Fuisz in advance at a rate of ************************************ per week with respect to extension of Phase I, and with respect to Phases 2 and 3, such weekly amounts as are consistent with the additional funding set forth in Section 3.1; provided, however, that if the man-day charges for work carried out at Fuisz during the initial term are less than the funding actually paid under the initial term (exclusive of charges under Section 1.8) then additional funding for such extensions under this Section 3.2 shall not be invoiced or due until such time as the man-day charges equal such funding provided for the initial term. Other costs as set forth in Section 1.8 associated with successive weekly extensions incurred under the Development Program, shall be invoiced once each month and will be due net thirty (30) days from date of mailing of the invoice.
3.3 All work done at Fuisz shall be at ************** rates of Fuisz for pharmaceutical development work. Verification of the man-days charges for work under the Development Program and the schedule of applicable existing charge rates shall b...
Funding of the Development Program. Except as otherwise agreed by the Parties, Allergan shall bear all of the costs incurred in connection with the Development Program.
Funding of the Development Program. Confidential information omitted and filed with the Commission
Funding of the Development Program. 4.4.1 During the TERM of the DEVELOPMENT PROGRAM, AvP shall assume full responsibility for paying the budgeted DEVELOPMENT PROGRAM costs set forth in the applicable PROGRAM Plan and Budget, except for costs that are required for activities in the DEVELOPMENT PROGRAM if these activities are required only for the CRUCELL TERRITORY and not for the AvP TERRITORY.
4.4.2 AvP shall reimburse CRUCELL at the agreed rate of • k Euro/FTE/year for • of the CRUCELL FTE engaged in Step 1 of the DEVELOPMENT PROGRAM. AvP will fund all other activities that are performed by CRUCELL and agreed in the DEVELOPMENT PROGRAM at a rate of € • k/FTE, except to the extent that these activities are funded through government grants.
4.4.3 AvP and CRUCELL will work together diligently to obtain funding for the DEVELOPMENT PROGRAM from the US CDC ("Funding").
4.4.4 The Parties will develop a cell culture/pandemic influenza VACCINE work plan in accordance with the Statement(s) of Work in the HHS (CDC) Pandemic RFP(s). The work will be allocated to the Party best able to perform specific tasks. For work that could be done by either Party, preference would be given to CRUCELL up to a maximum of ten FTEs. Thereafter, the work will be allocated on a 50-50 basis. If equipment for purchase is identified in the grant, then the Party allocated the work that uses such equipment shall own the purchased equipment. For example, for equipment needed for work allocated to CRUCELL, such equipment will be purchased using such grant money and owned by CRUCELL and vice versa. The Parties shall negotiate in good faith to distribute equitably other benefits from the CDC pandemic grant.
4.4.5 Each Party shall account for their actual expenses incurred in the DEVELOPMENT PROGRAM during each calendar quarter and report the expenditures at the next STEERING COMMITTEE meeting. Each Party may elect to pay for DEVELOPMENT PROGRAM costs in excess of that provided for in the PROGRAM Plan and Budget, as approved by the STEERING COMMITTEE.
Funding of the Development Program. Confidential information omitted and filed with the Commission
7.5.1. ADMINISTRATION. EPIX shall be responsible for the financial administration of the Development Program in the United States, including but not limited to the preparation of an annual development budget to be included in the Development Plan, accounting and reporting of Development Costs to both Parties. Schering shall be responsible for the financial administration of the Development Program in the EU, including but not limited to the preparation of an annual development budget to be included in the Development Plan, accounting and reporting of Development Costs to both Parties.
Funding of the Development Program. In consideration of Third Wave's performance of its obligations under the Development Program, Endogen will fund Third Wave's development of the Quantitation Kits and Human Probe Panels to a maximum of $1,050,000 over the thirty-six month period from December 1, 1997 based upon the schedule of headcount estimates and workload sharing between the Parties attached hereto as Schedule 5.3.
A. The amounts payable to Third Wave shall be equal to the lesser of (i) [CONFIDENTIAL TREATMENT REQUESTED]* and (ii) the amounts set forth on Schedule 5.3.B attached hereto. As set forth in Schedule 5.3.B, for each Development Year, Endogen shall make four equal payments of a maximum of [CONFIDENTIAL TREATMENT REQUESTED]*, to be paid quarterly in advance by the twentieth (20th) business day of the calendar month of each calendar quarter (e.g., January 20th, April 20th, July 20th, and October 20th), pro rated as necessary for the first and last quarters. Such quarterly payments shall be -------------------- *[CONFIDENTIAL TREATMENT REQUESTED] INDICATES MATERIAL WHICH HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. based on Third Wave's good faith estimates of its Development Expenditures for the current Development Year (which estimates shall be provided to Endogen at least ninety (90) days prior to the commencement of a Development Year, provided, however, that with respect to the first Development Year, (i) Endogen's first quarterly payment shall be pro rated to [CONFIDENTIAL TREATMENT REQUESTED]* and shall be payable on or before December 1, 1997, and (ii) Third Wave's good faith estimates of its Development Expenditures for the first Development Year shall be provided to Endogen on or before September 30, 1997. Any amounts paid by Endogen and not used in accordance with this Section 5.3 shall be credited against the following quarterly payment, any underpayment of a quarterly payment by Endogen based upon Third Wave's actual Development Expenditures shall be paid with the next quarterly payment upon invoices by Third Wave. In the event that during any quarter of a Development Year the amount due by Endogen to Third Wave pursuant to this Section is less than the amount proscribed on Schedule 5.3.B, the difference may be carried forward to future quarters within that Development Year to increase the...
Funding of the Development Program. (a) In consideration of the royalty payments set forth in Section 2 of this Agreement, Crescendo hereby agrees to fund the Doxil Development Program in amounts as proposed by ALZA and approved by Crescendo from time to time (the "Development Payments"). The Doxil Development Program shall be set forth in work plans prepared by ALZA which are subject to the approval (in whole or in part) or the rejection (in whole or in part) of Crescendo. Each such approved work plan shall constitute a "Work Plan" within the meaning of the Development Agreement. The parties agree to review the Work Plan from time to time (no less often than the end of each stage of development) and to revise the Work Plan as appropriate so that it remains a best estimate of the work to be done under the Doxil Development Program and the amounts required to fund such work. Crescendo shall not be obligated to make Development Payments in excess of those provided for in an approved Work Plan, and ALZA shall not be obligated to perform work on the Doxil Development Program which would result in Development Payments exceeding those in an approved Work Plan.
Funding of the Development Program
