Lead Party. 4.1 In all circumstances, the Parties shall ensure that the Generator is appointed as the Lead Party in respect of the BM Unit associated with the Facility.
Lead Party. (a) The Lessor shall be the “Lead Party” with respect to any Environmental Condition requiring Remedial Action. Nevertheless, Lessee shall remain liable and shall promptly reimburse Lessor for Lessee’s Share of all Combined Environmental Liabilities and Lessee Environmental Liabilities (including all of Lessor’s expenditures incurred on behalf of Lessee). At Lessor’s option, Lessor can designate Lessee to act as the Lead Party for any Lessee Environmental Condition or Combined Environmental Condition where Lessee will bear a majority of costs, in which case Lessee will become the Lead Party and Lessor will become the non-Lead Party for the particular condition(s). The Lead Party shall contract with any contractors, consultants, or other third parties.
(b) For Lessee Environmental Conditions and Combined Environmental Conditions where Lessee will bear a majority of costs, (i) Lessee will have the right to select the contractors, consultants, and other third parties to address Environmental Liabilities, subject to the approval of Lessor, which approval shall not be withheld except for good cause, (ii) at Lessee’s request in writing, Lessee will be involved in all significant discussions with Lessor and any relevant third party regarding all aspects of any Remedial Action, (iii) Lessee will have a meaningful opportunity to provide comment to Lessor and any relevant third party regarding all material aspects of any Remedial Action to be taken, and (iv) Lessor shall take into consideration any such comments by Lessee and implement them where reasonably feasible and not otherwise in conflict with this Lease.
Lead Party. Subject to Section 8.9, Immunocore shall be the lead party in respect of the activities in the Pre-POC Development Plan.
Lead Party. Except as otherwise agreed between the Parties in the Global Development Plan, GNE shall be the lead party in respect of the activities in the Global Development Plan.
Lead Party. Unless otherwise agreed to by the parties, Sponsor shall be the Lead Party with respect to jointly-owned Subject Inventions. The Lead Party must (i) provide the other party with copies of each patent application, office action, response to office action, request for terminal disclaimer, materials correspondence and request for reissue or reexamination of any patent or patent application on any jointly-made Subject Invention; (ii) seek comment from the other party upon the content and patent strategy for any patent application, including responses to official actions before such responses are submitted to a patent office; (iii) consult with the other party on all stages of the prosecution of the patent on the Subject Invention; (iv) provide the other party with as much prior notice as practicable to review and comment on any material communication with or submission to any patent office (including any patent application); and (v) make good faith efforts to incorporate all of the other party’s reasonable comments, provided that, where reasonably necessary to protect the other party’s interests, that party’s reasonable comments must be incorporated as mutually agreed upon by both parties. If the Lead Party determines not to seek patent protection for a jointly-owned Subject Invention, not to seek patent protection for certain claims, not to seek patent protection in a given jurisdiction, or abandons any application, the Lead Party will provide the other party timely advance notice of such decision (at least 60 days prior to any upcoming filing or action deadline) and the other party shall have the right, but not the obligation, to file a patent application therefore or to continue to prosecute and maintain a patent application or patent in the name of both parties at the filing party’s expense. If Sponsor does not license its interests in jointly-owned Subject Inventions, the Parties will enter into a patent prosecution agreement to address the payment of patent expenses for jointly-owned Subject Inventions.
Lead Party. Unless the Parties otherwise agree, the JDC shall designate a Party (the “Lead Party”) to lead regulatory matters for a given Licensed Product in a country or jurisdiction in the Territory (such country or jurisdiction, the “Lead Party Territory”), which designation shall be set forth in the Joint Development Plan; provided however, with respect to any Single Party Region, the Single Commercialization Party for the applicable Single Party Region shall be deemed the Lead Party and such Single Party Region shall be considered the Lead Party Territory. Unless otherwise agreed by the Parties, and subject to any Region becoming a Single Party Region, Arvinas shall be the Lead Party in the U.S. and Pfizer shall be the Lead Party for all countries and Regions other than the U.S. in the Shared Territory. As set forth in Exhibit 5 to the initial Joint Development Plan attached hereto as Exhibit D and as described in Section 4.1(e), (i) the Lead Party will collaborate with the other Party on regulatory strategy, development of Regulatory Materials and responses to requests from Regulatory Authorities in the Shared Territory; and (ii) the other Party will provide review input on contents of Regulatory Materials and will participate in all meetings with Regulatory Authorities related to the Licensed Compounds or Licensed Products in the Shared Territory. Unless otherwise agreed by the Parties, the non-Lead Party will not directly contact any Regulatory Authority with respect to the to the Licensed Compounds or Licensed Products in the Shared Territory.
Lead Party. With respect to a Joint Program, a lead Party (“Lead Party”) shall lead, and be primarily responsible for (i) optimization of Evaluated Bispecific Antibodies to generate an Optimized Bispecific Antibody in accordance with the Joint Optimization Plan, (ii) upon approval of an Optimized Bispecific Antibody by the JSC as a Joint Clinical Candidate, further Development (including preclinical and clinical development) of Joint Clinical Candidates and Joint Products in accordance with the Joint Development Plan, and (iii) Commercialization of Joint Products in accordance with the Joint Commercialization Plan. The Parties shall each have the right to lead a single Joint Program during the Term, and Atreca shall be the Lead Party for the first Joint Program and Xencor shall be the Lead Party for the second Joint Program. For clarity, designation of a Party as being a Lead Party shall not affect any financial considerations or a Party’s share of any revenues arising from the Joint Program, which shall be shared equally in accordance with Section 8.1.
Lead Party. Subject to the remainder of this Article 6 (Collaboration Activities) and Article 2 (Governance And Joint Steering Committee), with respect to the DT Co-Co Program and DT Co-Co Products, the Parties acknowledge and agree that each respective Party will lead the following activities (the “Lead Party”):
Lead Party. 10.05(a) Material Advertiser .................................................................................................................... 4.21
Lead Party. Generally, (a) the Lead Party for a Collaboration Program shall be primarily responsible for Development activities with respect to each Collaboration Product under such Collaboration Program, and each, under the oversight of the JRDC, the JSC and other applicable Committees, and, subject to Section 3.9.2 and Section 11.3.1(d), shall have the final decision-making authority with respect to the Development and Manufacturing (other than Commercial Manufacture) activities under such Collaboration Program; and (b) the Lead Party for Commercialization and Commercial Manufacture of each Collaboration Program (the “LCP”) shall be primarily responsible for Commercialization and Commercial Manufacture activities with respect to each Collaboration Product under such Collaboration Program, each, under the oversight of the JCC, the JSC and other applicable Committees, and, subject to Section 3.9.2 and Section 11.3.1(d), shall have the final decision-making authority with respect to the Commercialization and Commercial Manufacture under such Collaboration Program.
