Non-Proprietary New Products. It is understood and agreed that Osteotech may develop new information, technology, data, inventions, products, and processes (collectively, "new products") jointly with its other customers and that certain of such new products may not be subject to patent or copyright protection ("non-proprietary new products"). ARC agrees that it shall not have access to, or utilize, such non-proprietary new products and shall not be able to cause Osteotech to utilize such non-proprietary new products on ARC's behalf unless and until ARC shall reimburse Osteotech and such other client for one-third (in the aggregate) of the development costs (including without limitation internal direct costs, but excluding internal overhead costs) for such non-proprietary new product as reasonably determined by Osteotech and such client. The methods and bases for determining such development costs shall be disclosed to ARC on a confidential basis. Osteotech shall include a provision identical in substance to the foregoing provision in its agreements with its other significant customers to cover any non-proprietary new products which may be developed jointly hereunder by Osteotech and ARC.
Non-Proprietary New Products. It is understood and agreed that Osteotech may develop new information, technology, data, inventions, products, and processes (collectively, "new products") jointly with its other Tissue processing clients and that certain of such new products may not be subject to patent or copyright protection ("non-proprietary new products"). MTF agrees that it shall not have access to, or utilize, such non-proprietary new products and shall not be able to cause Osteotech to utilize such non-proprietary new products on MTF's behalf unless and until MTF shall reimburse Osteotech and/or such other Tissue processing client(s) for MTF's proportionate share (based upon the number of Tissue processing clients which were involved in the development of such products and/or are involved in the marketing and distribution of such products) of the development costs (including without limitation internal direct costs, but excluding internal overhead costs) for such non-proprietary new product as reasonably determined by Osteotech and such processing client or clients. The methods and bases for determining such Tissue development costs shall be disclosed to MTF on a confidential basis. Osteotech shall include a provision substantially the same in substance to the foregoing provision in its agreements with its other significant Tissue processing clients to cover any non-proprietary new products which may be developed jointly hereunder by Osteotech and MTF.
Non-Proprietary New Products. It is understood and agreed that Osteotech may develop new information, technology, data, inventions, products, and processes (collectively, "new products") on its own or jointly with its other Tissue processing clients and that certain of such new products may not be subject to trade secret, patent or copyright protection ("nonproprietary new products"). MTF agrees that it shall not have access to, or the right to utilize, such non-proprietary new products and shall not be able to cause Osteotech to process or produce such non-proprietary new products for MTF or on MTF's behalf unless and until MTF and Osteotech shall have executed a written agreement which provides for such access or utilization by or on behalf of MTF.
