Common use of Notice, Delivery of Reports and Time to Exercise Clause in Contracts

Notice, Delivery of Reports and Time to Exercise. Following completion of each successful Phase II Study for such Product in such Future Indication, Alexion shall provide XOMA with written notice of such completion and enclose a copy of a summary analysis performed in accordance with the pre-specified statistical analysis plan filed with the FDA. Upon receipt of the notice and report, XOMA shall have ninety (90) days to exercise its right to Opt Back In by providing written notice to Alexion of such intent. During this ninety (90) day period, Alexion shall provide XOMA with all updates to the report and all additional material information, data and reports. In addition, upon request Alexion shall make the raw data as well as its personnel, agents and/or contractors available in response to reasonable inquiries by XOMA.

Notice, Delivery of Reports and Time to Exercise. Following completion of each successful Phase II Study for such Product in such Future Indication, Alexion XOMA shall provide XOMA Alexion with written notice of such completion and enclose a copy of a summary analysis performed in accordance with the pre-specified statistical analysis plan filed with the FDA. Upon receipt of the notice and report, XOMA Alexion shall have ninety (90) days to exercise its right to Opt Back In by providing written notice to Alexion XOMA of such intent. During this ninety (90) day period, Alexion XOMA shall provide XOMA Alexion with all updates to the report and all additional material information, data and reports. In addition, upon request Alexion XOMA shall make the raw data as well as its personnel, agents and/or contractors available in response to reasonable inquiries by XOMAAlexion.