Common use of OBLIGATIONS OF CFFTI Clause in Contracts

OBLIGATIONS OF CFFTI. Subject to the terms and conditions of this Agreement, CFFTI shall: (a) authorize the execution and delivery of this Agreement, the Registration Rights Agreement and the Warrants and the performance of its obligations hereunder and thereunder, and obtain the authorization and approval of any Affiliate that will provide funds to be used in the Grant; Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential treatment under Rule 406 of the Securities Act. (b) effective as of December 31, 2000 commit to provide the Grant and thereafter provide non-refundable grant funding to the Company in accordance with Section 2.5 in the total amount of twenty five million dollars ($25,000,000) to support the development and testing of the Products; (c) use [*********************] to cause the Company to be provided with the names of prospective patients and medical providers who may participate in the development of the Products and in clinical testing; (d) provide the Company with reasonable access to its Therapeutic Development Network of medical providers, patients, researchers, and others who are involved in the care and treatment of cystic fibrosis patients ("TDN") and use reasonable efforts to promote the involvement of TDN in the development and testing of the Products, in each case in a manner and consistent with the recommendation of the ASC; (e) grant to the Company the sublicense set forth in Article V; (f) participate in the ASC [****************]; and (g) provide reasonable assistance and cooperation requested by the Company in support of the expeditious development, testing, regulatory approval and market launch of the Products, in a manner and consistent with the recommendation of the ASC in support of Development Activities.

OBLIGATIONS OF CFFTI. Subject to the terms and conditions of this Agreement, CFFTI shall: (a) authorize the execution and delivery of this Agreement, the Registration Rights Agreement and the Warrants and the performance of its obligations hereunder and thereunder, and obtain the authorization and approval of any Affiliate that will provide funds to be used in the Grant; Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential treatment under Rule PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO THE COMPANY'S APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 of the Securities Act.OF THE SECURITIES ACT. EXECUTION COPY (b) effective as of December 31, 2000 commit to provide the Grant and thereafter provide non-refundable grant funding to the Company in accordance with Section 2.5 in the total amount of twenty five million dollars ($25,000,000) to support the development and testing of the Products; (c) use [*********************] good faith reasonable efforts to cause the Company to be provided with the names of prospective patients and medical providers who may participate in the development of the Products and in clinical testing; (d) provide the Company with reasonable access to its Therapeutic Development Network of medical providers, patients, researchers, and others who are involved in the care and treatment of cystic fibrosis patients ("TDN") and use reasonable efforts to promote the involvement of TDN in the development and testing of the Products, in each case in a manner and consistent with the recommendation of the ASC; (e) grant to the Company the sublicense set forth in Article V; (f) participate in the ASC [****************]; and (g) provide reasonable assistance and cooperation requested by the Company in support of the expeditious development, testing, regulatory approval and market launch of the Products, in a manner and consistent with the recommendation of the ASC in support of Development Activities.