Product Development Failure. Certain product development failures may trigger certain remedies in Section (3) below for the Government advanced developer funding the development of the work in this Agreement. This remedy is not available to the Government for any cause outside of the following: i. if this agreement is terminated for nonperformance; or ii. the Contractor gives notice, required to be submitted to the Government no later than 30 business days, of any formal management decision to terminate this product development effort pre-market or to file for Federal bankruptcy protection.
Appears in 2 contracts
Samples: Other Transaction Authority for Prototype Agreement, Other/Miscellaneous Agreements (Inovio Pharmaceuticals, Inc.)
Product Development Failure. Certain product development failures may trigger certain remedies in Section (3) “d.” below for the Government advanced developer funding the development of the work in this AgreementTechnology. This remedy is not available to the Government for any cause outside of the following:
i. 1. if this agreement is terminated for nonperformance; or
ii2. the Contractor Awardee gives notice, required to be submitted to the Government no later than 30 business days, of any formal management decision to terminate this a product development effort pre-market effort, or to file for Federal bankruptcy protection.
Appears in 1 contract
Samples: Other Transaction Authority for Prototype Agreement
Product Development Failure. Certain product development failures may trigger certain remedies in Section (3) “e.” below for the Government advanced developer funding the development of the work contemplated in this Agreementthe applicable SOW. This remedy is not available to the Government for any cause outside of the following:
i. (i) if this agreement is terminated for nonperformance; or
(ii. ) the Contractor gives notice, required to be submitted to the Government no later than 30 business days, of any formal management decision to terminate this product development effort pre-market or to file for Federal bankruptcy protection.
Appears in 1 contract
Samples: 10 u.s.c. § 2373 Agreement