Multiple Indications Clause Samples

Multiple Indications. If a Compound or Compound Series already in development or commercialization under this Agreement falls within multiple indications, each indication shall be treated separately under the terms of this Agreement, depending on whether it is a Chiron Indication, a PathoGenesis Indication, a Joint Indication or other indication. If the Parties identify multiple indications for a Compound or Compound Series before a Development Option has arisen with respect to such Compound or Compound Series, then the Parties shall mutually agree upon the first indication to pursue, with the goal of maximizing Net Pretax Profits. In the event a Joint Development Compound or Compound Series has in the determination of the CMT the potential for multiple indications and a Lead Developing Party exists for one of the multiple indications, and that LDP desires to outsource any services with respect to the development and commercialization of that Compound, the LDP shall reasonably consider the other Party for such services as the other Party is willing to provide, with the goal of maximizing Net Pretax Profits. The other Party shall have no longer than thirty (30) days to provide a written response of their interest in the opportunity to the LDP. If the other Party decides not to provide such services or the Parties are unable to reach a mutual written agreement with respect to development and commercialization of that Compound within thirty (30) days, the LDP shall have final approval authority on the decision of whether to outsource those services and to whom they should be outsourced.

Multiple Indications. With respect to a particular Licensed Product, [ * ]

Multiple Indications. With respect to a particular Licensed Product, if such Licensed Product is developed for a second Indication in a separate disease, it is understood that the payments for the Development Milestones set forth in Section 6.2.1(b) will become due and payable at the time such Licensed Product achieves such Development Milestone for such second Indication; provided, that the amounts due above for such second Indication will be the lower amounts reflected for such Indications in the right most column of the table under Section 6.2.1(b) above. As used herein “Indication” shall mean a disease or condition for which approval for use of a Licensed Product can be sought from the FDA or a regulatory authority or agency of a country other than the United States with responsibilities comparable to those of the FDA. Notwithstanding the foregoing, varying forms or degrees of severity of the same disease shall be considered the same Indication, even if they require separate approvals from the FDA or other regulatory authority or agency. For the avoidance of doubt, in the field of cancer, different tumor tissue types shall be considered different Indications.

Multiple Indications. With respect to a particular Milestone Target, if any Milestone Compound specifically directed at such Milestone Target is developed for a second Indication in a separate disease, it is understood that the payments for Development Milestones 2 through 9 will become due and payable at the time such Milestone Compound achieves such Development Milestone for such second Indication; provided, that the amounts due above for such second Indication will be the lower amounts reflected for such Indications in the right most column of the table under Section 7.4.1 above. As used herein “Indication” shall mean a disease or condition for which approval for use of a Milestone Compound can be sought from the FDA or a regulatory authority or agency of a country other than the United States with responsibilities comparable to those of the FDA. Notwithstanding the foregoing, varying forms or degrees of severity of the same disease shall be considered the same Indication, even if they require separate approvals from the FDA or other regulatory authority or agency. For the avoidance of doubt, in the field of cancer, different tumor tissue types shall be considered different Indications. Notwithstanding anything else in this Section 7.4, in the event that both the first and second Indication for which Development Milestone 2 was achieved with respect to a particular Milestone Target (or deemed to be achieved pursuant to 7.4.2(d)) are cancer Indications, Biogen Idec shall not be required to pay to Sunesis Development Milestone 2 for the second Indication with respect to such Milestone Target as set forth in Section 7.4.1, provided that Biogen Idec shall thereafter pay Development Milestones 3 through 9 upon achievement of the relevant Development Milestone with respect to such Indication and such Milestone Target.