Further Development. The Customer may order the further development of software that is covered by the maintenance agreement within the framework described in Appendices 1 and 2. This includes the development of additional functionality that is moderate in scope. The consideration for such further development shall be the Contractor's ordinary hourly rate set out in Appendix 7, unless another model for consideration is set out in Appendix 7. The parties shall agree a progress plan for such development and acceptance criteria. The parties may choose to utilise SSA-O or SSA-B for the performance of such development. Software that is developed pursuant to this clause shall become part of the software that shall be maintained under the Agreement. If the consideration for maintenance shall be adjusted, this shall be clearly set out in the agreement governing the development assignment.
Further Development. The Promoter/Vendor is entitled to amend, modify and/or substitute the proposed future and further development of the said Project Property, in full or in part, subject to the necessary permission/sanction being granted by the competent authority and all other concerned authorities.
Further Development. The LESSOR reserves the right to further develop or improve the landing area and any or all other areas at the Airport as it deems proper. Any material change in LESSEE's use or enjoyment of the leased premises or the efficient operation of it's business thereon shall require renegotiation of the agreement, or, LESSEE may, at its option and with 90 days written notice to XXXXXX, terminate this agreement.
Further Development. All further development, improvement, modification and enhancement of the Technology shall be performed exclusively by Nextelligence. All further development, improvement, modification and enhancement of the Technology shall be owned solely by Nextelligence, but shall be deemed to be licensed to the Company pursuant to Section 2.1. Nextelligence shall invoice the Company on a monthly basis for all work performed.
Further Development. Each party agrees that development of an ongoing enhancement prioritization process is necessary to ensure that AA receives the requisite resources should any Competitor select an Orbitz solution. After the Delivery Date or upon completion of the Initial Development, whichever is later, Orbitz will provide development services to AA pursuant to the change control procedures set forth in Section 7. Any such subsequent development of additional AA-Specific Functionality is outside the scope of Orbitz's Hosting and Support Services obligations, and any such requests will be handled as a new Statement of Services or as a Change Request pursuant to Section 7.
Further Development. It is acknowledged that the Customer desires that the Supplier shall expedite its current miniaturization plan for the mobile units (2 ASICs - digital and RF) preferably with the target to start testing of the prototypes in December, 2004 with mass production starting in the third quarter of 2005. The schedule of supply of Korean version of the mobile units, based on the above ASICs, will be agreed upon between the Parties. The Parties agree that the mass production of base stations and handsets for Korean and other markets in the Region shall be done in Korea, under mutual agreement between the Parties. The Parties further agree that the mobile units should be continuously miniaturized after the initial plan described above so that the mobile units can be ultimately integrated into mobile and stationary assets, and any other applications. The terms and conditions for further development and improvement of Base Station system and mobile units shall be mutually discussed and agreed between the Parties.
Further Development. Within ninety (90) days of the completion of a pilot biostudy and delivery of the final report on the results of the pilot biostudy("Further Development Option Deadline"), Pacific shall have, upon verification of Pacific's Commercial Capabilities and written notification to IntelGenx, the option to continue, at its expense, any further development of the Product deemed necessary for commercialisation of the Product whilst being, subject to Sections 3.4 and 5.1 solely responsible financially and/or otherwise for the timely completion of all activities, necessary for the commercialisation of the Product, and, for the avoidance of doubt, with all royalty obligations as per Section 8, responsibilities as per Section 2 and license grants as per Section 5, described herein remaining in effect ("Further Development Option"). In the event that Pacific elects to exercise its Further Development Option, and the Parties will enter into good faith negotiations to finalize a development and supply agreement. Notwithstanding the foregoing IntelGenx shall at all times retain all manufacturing rights related to the Licensed Application and/or Product and shall, in furtherance to Sections 3.4 and 5.1, be responsible, at Pacific's cost, upon receipt by IntelGenx of a Purchase order for product from the Commercial Partner, for carrying out all manufacturing activities related to the Product, either itself or, subject to approval by Pacific, such approval not to be unreasonably withheld, delayed or conditioned, through a qualified third party manufacturer. In the event that Pacific elects not to exercise its Further Development Option, or in the event that Pacific is unable to provide reasonable evidence by the Further Development Option Deadline of Pacific's Commercial Capabilities, Pacific shall immediately send IntelGenx written notification of such. This notice is deemed as an offer by Pacific to IntelGenx, to fully transfer title, interest, ownership and/or control of the Project and all intellectual property and intellectual property rights related thereto. IntelGenx shall the have the right, at its sole discretion to accept full title, interest, ownership and/or control thereto and complete, at its own expense, all activities necessary to successfully commercialize the Product, without liability to Pacific as to the result of any actions taken by IntelGenx, its Affiliates, licensee(s) and/or any sublicensee ("Transfer Option"). Notwithstanding any text to the contrary ...
Further Development. (a) All further development, improvement, modification, maintenance, management and enhancement of the Technology shall be performed exclusively by Nextelligence. All further development, improvement, modification and enhancement of the Technology shall be owned solely by Nextelligence, but shall be deemed to be licensed to the Company pursuant to Section 2.1.
(b) For all of the services to be performed by Nextelligence for the Company pursuant to Section 3.l(a), on a monthly basis, the Company shall pay to Nextelligence a fixed management fee of Twenty-Three Thousand Dollars ($23,000.00). Such amount shall be reviewed on a semi-annual basis, in January and July, and may be adjusted as the parties shall mutually agree.
(c) It is anticipated that Nextelligence may require outside resources in order to perform the services set forth in Section 3.l(a). In such event, outside vendors shall invoice the Company directly in amounts that have been mutually agreed by any such vendor and the Company.
Further Development. 12.1. Development Cost for the European Union Licensor shall perform the work described in the Licensor Clinical Development Plan, on the schedule described therein in accordance with all applicable laws, rules, regulations, and International Conference on Harmonisation ("ICH") guidelines, including but not limited to Good Clinical Practices ("GCP") and Good Laboratory Practices ("GLP") guidelines, as reasonably appropriate. Material changes to the Licensor Clinical Development Plan may only be made upon the approval of the Committee (defined below).
12.2. Consideration to Licensor for EU Clinical Development Subject to Clause 12.3, in consideration for the work described In Clause 12.1, Licensee shall reimburse Licensor for reasonable, documented, direct costs and expenses of performing such work described in the Licensor Clinical Development Plan incurred subsequent to the Effective Date and pursuant to the budget established therein, as they are reasonably incurred, upon presentment of invoices therefore to Licensee, provided, however, that Licensee's total payment obligation under this Agreement with respect to such costs and expenses shall not in any event exceed (i) US$2,800,000 to be used by Licensor for the Anoheal Project (the "Maximum Anoheal Amount) and (ii) US$1,200,000 to be used by the Licensor for the Incostop Project (the "Maximum Incostop Amount"). It is understood that such costs shall be invoiced to the Licensee on a monthly basis and shall include the actual costs for the Licensor's professional services (including proportions of employees remuneration, travel, office and other related expenses determined in good faith) incurred by Licensor in connection with the development of Anoheal and Incostop (as applicable). Invoices for Third Party goods and services may at Licensor's discretion (i) be paid by Licensor and reimbursed by Licensee or (ii) be directed to Licensee for direct payment. The Licensee irrevocably undertakes to settle all invoices issued by or directed for payment by the Licensor within thirty (30) days of receipt thereof. The Licensee shall remit $50,000 to the Licensor upon execution of this Agreement for reimbursement of clinical development costs of Licensor, such amount to be credited toward either the Maximum Incostop Amount or the Maximum Anoheal Amount at Licensor's discretion. Licensor shall account for its use of funds provided to it by Licensee pursuant to this Clause 12.2 separately between the Incostop Projec...
Further Development. ARNA hereby agrees to provide all changes, updates, developments, bug fixes, training, Client attention, and milestones to the Software as set forth in the Development Agreement to TRIPBORN.
