Other Indications. Debio shall have the *************** a license in the Territory for the rights to any other therapeutic indication outside of the Field of Use, provided that a third party does not already control the licensing of such rights.
Other Indications. Without limiting Aucela’s rights to receive Milestone Payments pursuant to Section 6.2.1 for the First Indication, Otsuka shall pay to Acucela one-half (1/2) of the Milestone payments set forth in Section 6.2.1 above within sixty (60) days after the achievement of the corresponding development Milestone with respect to the Second Indication for which such development Milestones are achieved. No development Milestones shall be due with respect to any indication after Otsuka has paid Acucela development Milestones for the Initial Indication and the Second Indication. For the avoidance of doubt, the Milestone payments set forth in Section 6.2.1 shall be made only for the Initial Indication and Second Indication (as set forth in this Section 6.2.4), without taking into account which Collaboration Product is used therefor or which formulation of Collaboration Product is used therefor.
Other Indications. At any time during the term of this Agreement, Otsuka or Acucela may submit to the JDC a proposal for Development of Licensed Product for an Other Indication in any formulation in the Territory. Such proposal will contain data and information supporting the proposal, including from any preclinical or other activities previously conducted by Otsuka with respect to Licensed Product for such Other Indication. If a proposal for Development of Licensed Product for an Other Indication is submitted by Otsuka, or if a proposal for Development of Licensed Product for an Other Indication is submitted by Acucela and agreed to by Otsuka in its discretion (in which case such Licensed Product shall be deemed an “Other Indication Product”), the JDC shall then prepare and approve a Development Plan, including a budget of Development Costs, and shall establish the Aggregate Development Cost Cap for such Other Indication Product. For the avoidance of doubt, Otsuka may in its discretion agree upon or reject any proposal made by Acucela to Develop Licensed Product for any Other Indication.
Other Indications. It is not compulsory to complete this part of the international application form. Nevertheless, the indications which are provided for in this part of the form are required by a number of Contracting Parties and if such indications are omitted, the applicant will be likely to meet with a provisional refusal from those Contracting Parties. It is therefore advised that applicants complete this part of the form.
Other Indications. For Joint Development Compounds whose indications do not fall within Chiron Indications, PathoGenesis Indications or Joint Indications, the Parties shall mutually decide which Party will constitute the most advantageous and effective developing Party, or whether both Parties should jointly develop such Joint Development Compound, when exercising the Development Option. If the Parties are unable to agree mutually on a developing Party, Chiron and PathoGenesis shall jointly develop the Joint Development Compound.
Other Indications. If Gilead desires to pursue Development and Commercialization of a Product or Compound for any Other Indication, the Parties will agree on a schedule of payments for achievement of regulatory and Commercialization milestone events with respect thereto for Products in the Gilead Expanded Territory. If the Parties cannot reach an agreement, they may submit the matter for resolution in accordance with the executive negotiation and arbitration procedures set forth in Section 15.1.
Other Indications. The parties, through the Product Committee, may from time to time consider development of the Product for indications other than Inflammatory Bowel Disease or rheumatoid arthritis. In the event that the Product Committee determines to pursue the development of the Product for any such other indication, the parties will share [***] the Product Development Costs for such new indication incurred after the date of the Product Committee's determination. Following Regulatory Approval, Schering-Plough shall have the exclusive rights in the Territory to market, promote, distribute, offer for sale and sell the Product for such new indications. In the Territory, the Contribution Income split with respect to Commercial Sales for such new indication will be as set forth in Section 6.2. For any such new indications, Centocor may, at its discretion, grant to Schering-Plough's United States Affiliate, Schering Corporation, an option to co-promote the Product in the United States for any such new indication. Such option must be exercised by providing written notice to Centocor no later than ninety (90) days after the successful completion of one or more Phase II clinical trials establishing proof of efficacy for the Product for such indication which supports undertaking a Phase III clinical study. During the ninety (90) day period prior to the date Schering Corporation must exercise the option, Schering Corporation will conduct any due diligence review reasonably necessary to enable Schering Corporation to determine whether or not to exercise its option rights. If Schering Corporation elects to exercise its option, it will make a payment to Centocor or offer to Centocor United States co-promotion rights to a Schering Corporation product. The amount of such payment, or the Schering Corporation product to be co-promoted by Centocor and the terms of such co-promotion by Centocor, will be negotiated at the time Schering Corporation exercises its option. If Schering Corporation elects to exercise its option, the parties will enter into a suitable agreement under essentially the same terms as set forth herein and will share equally the Contribution Income, as that term is defined in Section 6.2, from Commercial Sales in the United States for such new indication; however, in the Territory the Contribution Income split with respect to Commercial Sales for such new indication will be as set forth in Section 6.2. If Schering Corporation elects not to exercise its option, Centocor w...
Other Indications. Provided that Horizon has paid all of the payments required by Section 4.01(i) through (iii) above, Horizon shall have the right to prepare and file ANDAs and NDAs for the Product for indications other than the Indication. In that event the following provisions shall apply:
i) If Product sold by Horizon or Horizon Affiliates for such indications use the Formulation, Horizon shall pay to Inpharmakon the royalties as provided under Section 4.01(iv) above.
ii) If Product sold by Horizon or Horizon Affiliates for such indications does not use the Formulation (i.e. it uses another formulation useful in the therapeutic range for migraine prophylaxis which improves on generically available formulations for the Product) but the Product is prescribed for migraine prophylaxis, Horizon shall pay to Inpharmakon the royalties as provided under Section 4.01(iv) above on all such sales of the Product for such prescriptions.
iii) Horizon shall pay to Inpharmakon the royalties provided under Section 4.02(v) on all sales of Product by sublicensees and their Affiliates which, if made by Horizon, would be subject to royalty payments under paragraphs (i) or ii) of this Section.
iv) No royalties shall be due or payable on the Product for such indications where the Product uses a formulation that is neither useful in the therapeutic range of migraine prophylaxis nor a formulation which improves on generically available formulations for the Product, and the formulation is not prescribed for migraine prophylaxis. For the purposes of paragraphs (ii) and (iv) of this Section the term "improves" refers to a technical or non-technical difference in the formulation not found in generically available formulations for the Product which difference differentiates the Product from other [***] products (using either the Formulation or a generically available formulation) for marketing purposes.
Other Indications. Takeda shall make the following development milestone payments for [***]. For clarity, [***], regardless of [***]. Development Milestone Event Milestone Payment [***] [***] [*** ] [***] [*** ] [***] [*** ] [***] [*** ] [***] [*** ] [***] [*** ] [***] [*** ] [***] [*** ]
Other Indications. If Epizyme develops an indication for the Compound or any Epizyme Product other than an acute leukemia, the Parties shall each in good faith consider either amending this Agreement to include such indication or entering into another similar agreement related to such indication. The Parties agree that any such amendment or other agreement remains subject to the Parties reaching a mutually acceptable agreement on such terms and conditions and the receipt of all necessary management approvals by each of the Parties.
