Common use of Inclusion of Additional Products Clause in Contracts

Inclusion of Additional Products. With respect to a proposal -------------------------------- pursuant to Section 4.3, if the Joint Development Committee accepts, or if the Joint Development Committee cannot agree and the Joint Steering Committee unanimously accepts, such proposal, such proposed Product shall be an Additional Product, and the Joint Development Committee shall prepare a U.S. Development Plan for such Additional Product. The Joint Development Committee shall also at the same time designate such Additional Product as either an Adolor Product or a GI Product, it being understood that the ** Product and any other Additional Product that is to be primarily promoted to or used by health care providers in ** = Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. hospitals shall be designated an Adolor Product, unless otherwise mutually agreed by the Parties. In the event of disagreement between the Parties regarding the inclusion of an Additional Product within the Joint Development Committee such that the matter is referred to the Joint Steering Committee, the Joint Steering Committee must agree unanimously upon its inclusion even if such proposed Additional Product has already been designated by the Joint Development Committee as an Adolor Product or a GI Product as contemplated under this Section 4.3.1 and, therefore, the provisions of Section 3.1.4(b) shall not apply.