Common use of Funding of the Development Program Clause in Contracts

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 be made available to Kos at reasonable intervals upon written request. In the event Kos requests work be done in excess of the current funding during the initial term of the Development Agreement or any extensions thereof, Fuisz shall invoice Kos for such excess work on a monthly basis. In the event either party terminates the Development Program, Kos shall be obligated to pay Fuisz for all work done by Fuisz under the Development Program up to the date of termination, and if terminated by Kos for breach by Fuisz, Fuisz shall refund any advanced funding payments made by Kos in excess of payments for work done.

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 **************************** ***********8 ***************************************************************************** ************************* of which shall be paid to Fuisz within *********** days of the Effective Date, and ******************************** of which shall be paid within ************************ days following the end of Phase 1 and ****************************************** of which shall be paid within **************** days 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 3, payable within **************** days 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 be made available to Kos at reasonable intervals upon written request. In the event Kos requests work be done in excess of the current funding during the initial term of the Development Agreement or any extensions thereof, Fuisz shall invoice Kos for such excess work on a monthly basis. In the event either party terminates the Development Program, Kos shall be obligated to pay Fuisz for all work done by Fuisz under the Development Program up to the date of termination, and if terminated by Kos for breach by Fuisz, Fuisz shall refund any advanced funding payments made by Kos in excess of payments for work done.

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 **************************** ***********8 ***************************************************************************** ************************* of which shall be paid to Fuisz within *********** days of the Effective Date, and ******************************** of which shall be paid within ************************ days following the end of Phase 1 and ****************************************** of which shall be paid within **************** days 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 3, payable within **************** days 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 be made available to Kos at reasonable intervals upon written request. In the event Kos requests work be done in excess of the current funding during the initial term of the Development Agreement or any extensions thereof, Fuisz shall invoice Kos for such excess work on a monthly basis. In the event either party terminates the Development Program, Kos shall be obligated to pay Fuisz for all work done by Fuisz under the Development Program up to the date of termination, and if terminated by Kos for breach by Fuisz, Fuisz shall refund any advanced funding payments made by Kos in excess of payments for work done.

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 be made available to Kos at reasonable intervals upon written request. In the event Kos requests work be done in excess of the current funding during the initial term of the Development Agreement or any extensions thereof, Fuisz shall invoice Kos for such excess work on a monthly basis. In the event either party terminates the Development Program, Kos shall be obligated to pay Fuisz for all work done by Fuisz under the Development Program up to the date of termination, and if terminated by Kos for breach by Fuisz, Fuisz shall refund any advanced funding payments made by Kos in excess of payments for work done.