Prior Development Costs Sample Clauses

Prior Development Costs. (a) Pavilion hereby represents and warrants to Ardee that attached hereto as Exhibit "D- 1" is a true, correct, complete and accurate schedule of all Development Costs paid by Pavilion through September 30, 1996. Ardee hereby represents and warrants to Pavilion that attached hereto as Exhibit "D-2" is a true, correct, complete and accurate schedule of all Development Costs which have been paid by Ardee through September 30, 1996.
Sample 1
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Prior Development Costs. Any Developer who has incurred any Development Cost, prior to execution of this Agreement, relating to the Project Company paid by such Developer directly to a third party owed such Development Cost, shall within a period of fifteen (15) days from the Effective Date, submit proof of such payment to the Board of Directors of the Project Company and request its decision on whether such Development Cost must be included in the Approved Development Cost. The Board of Directors of the Project Company will make its determination as to such Development Cost and decide whether to acknowledge that same is an Approved Development Cost by delivering a mutually agreeable form to the Developer within fifteen (15) days after receiving proof of such payment. Developer shall be reimbursed for such Approved Development Cost in the manner provided herein, provided that, no Developer will be obligated to be reimbursed any costs or expenses that are not Approved Development Cost. - 15 - (c) Approved Development Costs. The amount allocated for each Development Cost category in the Project Budget (and the timing for incurrence of such Development Cost) is an estimate and may exceed the budgeted amount for such category (or vary from the time scheduled for the incurrence of the Development Cost) to the extent approved by the Board of Directors of the Project Company. All Development Costs must be calculated and agreed to by the Board of Directors of the Project Company in an open book manner. Within sixty (60) days from receipt of a written request for approval to incur a Development Cost, the Board of Directors of the Project Company will determine, based both on the type of Development Cost and the time for the incurrence of such Development Cost, whether the Development Cost is eligible for reimbursement in accordance with the Project Budget and this Agreement, and if so eligible, the Board of Directors of the Project Company will provide a written authorization for the Project Company to incur such Development Cost (such Development Cost so authorized to be incurred by the Project Company, an “Approved Development Cost”). (d)
Sample 1
Prior Development Costs. Any Developer who has incurred any Development Cost, prior to execution of this Agreement, relating to the Project Company paid by such Developer directly to a third party owed such Development Cost, shall within a period of fifteen (15) days from the Effective Date, submit proof of such payment to the Board of Directors of the Project Company and request its decision on whether such Development Cost must be included in the Approved Development Cost. The Board of Directors of the Project Company will make its determination as to such Development Cost and decide whether to acknowledge that same is an Approved Development Cost by delivering a mutually agreeable form to the Developer within fifteen (15) days after receiving proof of such payment. Developer shall be reimbursed for such Approved Development Cost in the manner provided herein, provided that, no Developer will be obligated to be reimbursed any costs or expenses that are not Approved Development Cost.
Sample 1
Prior Development Costs. Ultragenyx will pay the Prior Development Costs in accordance with Section 6.7.
Sample 1

Related to Prior Development Costs

  • Development Costs With respect to activities prior to the Amendment Effective Date, each Party was to pay [*] of the total Direct Development Costs of a Product incurred in accordance with the Development Budget (as defined in the Original Agreement). Notwithstanding anything in this Article 6 of this Agreement or in any other provision of this Agreement to the contrary, with respect to activities on and after the Amendment Effective Date, subject to Sections 3.1.2, Alimera will be solely responsible for, and shall pay one hundred percent (100%) of, all development costs of a Product, including Direct Development Costs. Notwithstanding anything in this Article 6 of this Agreement or in any other provision of this Agreement to the contrary, (i) all payments owing by CDS hereunder with respect to development activities prior to the Amendment Effective Date are hereby deemed fully paid by CDS (or waived, to the extent such waiver may be required), including any Development Payments, Compounded Development Payments, Determined Disputed Costs and Compounded Disputed Costs (as all defined in the Original Agreement), further including any penalties and interest which might have accrued with respect thereto, and further including all CDS payments deferred pursuant to that February 11, 2008 letter agreement sent by CDS and executed by CDS and Alimera regarding deferral of payments under the Original Agreement as of such date; (ii) all payments owing by Alimera hereunder with respect to development activities prior to the Amendment Effective Date are hereby deemed fully paid by Alimera (or waived, to the extent such waiver may be required), including any Development Payments, Compounded Development Payments, Determined Disputed Costs and Compounded Disputed Costs (as all defined in the Original Agreement), and further including any penalties and interest which might have accrued with respect thereto; and (iii) subject to Sections 3.1.1 and 3.1.2, from and after the Amendment Effective Date, CDS will have no liability whatsoever hereunder for any past, present or future development costs, including Direct Development Costs (which includes those incurred before, on and after the Amendment Effective Date), and instead Alimera shall have sole liability therefor.

  • Development Expenses Novartis shall be solely responsible for the costs and expenses of Developing and commercializing Licensed Products pursuant to the terms of this Agreement, except with respect to Infinity’s research, development and commercialization activities with respect to an Abandoned Profile pursuant to Section 3.3.1 (subject to Section 2.3).

  • Project Costs Simultaneously with the execution of this Agreement, the Company shall disclose to the Department all of the Project Costs which the Company seeks to include for purposes of determining the limitation of the amount of the Credit pursuant to Section 5-30 of the Act and provide to the Department a Schedule of Project Costs in the form as attached hereto as Exhibit C.

  • Development Budget Attached hereto as Exhibit "B" and incorporated herein by this reference is the Development Budget in an amount equal to $_____________. Owner acknowledges and represents that the attached Development Budget includes the total costs and expenses to acquire, develop, renovate and construct the Real Property and the Apartment Housing.

  • Tenant Improvement Costs The Tenant Improvements’ cost (the “Tenant Improvement Costs”) shall mean and include any and all costs and expenses of the Work, including, without limitation, all of the following:

  • Development Fees The character and amount of any fee, charge or other consideration which must be paid by Donee to develop any Property.

  • Patent Costs Within 30 days after receiving a statement from Stanford, ***** will reimburse Stanford:

  • Development Fee The fee for the packaging of a Company Property, including negotiating and approving plans and assisting in obtaining zoning and necessary variances and financing for a specific Company Property to be developed or under development, either initially or at a later date.

  • Development of the Project 4.1 TSP's obligations in development of the Project: Subject to the terms and conditions of this Agreement, the TSP at its own cost and expense shall observe, comply with, perform, undertake and be responsible:

  • Annual Business Plan and Budget As soon as practicable and in any event not later than thirty (30) days after the end of each Fiscal Year, a business plan and operating and capital budget of the Borrower and its Subsidiaries for the ensuing four (4) fiscal quarters, such plan to be prepared in accordance with GAAP and to include, on a quarterly basis, the following: a quarterly operating and capital budget, a projected income statement, statement of cash flows and balance sheet, calculations demonstrating projected compliance with the financial covenants set forth in Section 9.15 and a report containing management’s discussion and analysis of such budget with a reasonable disclosure of the key assumptions and drivers with respect to such budget, accompanied by a certificate from a Responsible Officer of the Borrower to the effect that such budget contains good faith estimates (utilizing assumptions believed to be reasonable at the time of delivery of such budget) of the financial condition and operations of the Borrower and its Subsidiaries for such period.

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