Common use of Funding of the Development Program Clause in Contracts

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, Section (A)(10) of the Certificate.

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 Elmiron -Registered Trademark- Development Program in amounts as proposed by ALZA and approved by Crescendo from time to time (the "Development Payments"). The Doxil- Registered Elmiron -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 Elmiron -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 Elmiron -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-Elmiron - 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, Section (A)(10) of the Certificate.

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- Elmiron Development Program in amounts as proposed by ALZA and approved by Crescendo from time to time (the "Development Payments"). The Doxil- Registered Trademark- Elmiron-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 DoxilElmiron-Registered Trademark- 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 DoxilElmiron-Registered Trademark- 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- Elmiron- 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, Section (A)(10) of the Certificate.