Common use of Manufacturing Rights for Venture Products BN Clause in Contracts

Manufacturing Rights for Venture Products BN. 7.1.1 BIONUMERIK will retain all manufacturing rights for Venture Products BN. Any other terms and conditions regarding the sale or provision of Venture Products BN by BIONUMERIK to KI PHARMA or a designated third party will be separately agreed by the parties hereto after taking into account the scenarios and illustrations contained on Attachment C hereto and the other factors and considerations described in this Section. BIONUMERIK has the right to manufacture Venture Products BN directly or to establish a contract with a third party manufacturer to supply KI PHARMA or the designated third party licensee for product distribution in the Territory. GRELAN shall help BIONUMERIK to identify and recommend key qualified GMP manufacturers) in the Territory who would be appropriate as such manufacturer. Upon receiving the appropriate Government Regulatory Approvals for any Venture Products BN, KI PHARMA (or if agreed to by the parties hereto, a KI PHARMA subsidiary or affiliate or a designated third party) will directly purchase Venture Products BN from BIONUMERIK at a specified sales price (the "BioNumerik Sales Price") in accordance with the Supply Arrangements referred to in Section 7.4. The BioNumerik Sales Price will be decided by the parties hereto in good faith taking into account the following factors and considerations:

Manufacturing Rights for Venture Products BN. 7.1.1 BIONUMERIK will retain all manufacturing rights for Venture Products BN. Any other terms and conditions regarding the sale or provision of Venture Products BN by BIONUMERIK to KI PHARMA or a designated third party will be separately agreed by the parties hereto after taking into account the scenarios and illustrations contained on Attachment C hereto and the other factors and considerations described in this Section. BIONUMERIK has the right to manufacture Venture Products BN directly or to establish a contract with a third party manufacturer to supply KI PHARMA or the designated third party licensee for product distribution in the Territory. GRELAN shall help BIONUMERIK to identify and recommend key qualified GMP manufacturers) in the Territory who would be appropriate as such manufacturer. Upon receiving the appropriate Government Regulatory Approvals for any Venture Products BN, KI PHARMA (or if agreed to by the parties hereto, a KI PHARMA subsidiary or affiliate or a designated third party) will directly purchase Venture Products BN from BIONUMERIK at a specified sales price (the "BioNumerik Sales Price") in accordance with the Supply Arrangements referred to in Section 7.4. The BioNumerik Sales Price will be decided by the parties hereto in good faith taking into account the following factors and considerations:: [**]; [**]; [**]; [**]; and [**]. [**] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. [**]: [**] [**].