Right to Engage Third Parties. (a) In the course of its business, Alliance regularly uses Third Parties to perform certain Development activities. Alliance may continue to do so during the course of this Agreement; PROVIDED, HOWEVER that any expenses relating to such Third Party Development will be incurred and borne by Alliance at its sole expense.
(b) Alliance shall notify Schering in writing fifteen (15) days prior to entering into a material contract with a Third Party to perform any Development activities, unless such contract may be cancelled or terminated by Alliance without penalty on less than sixty (60) days notice. During the fifteen (15) day period following such notice from Alliance, Schering shall have the right to offer to perform itself such Development activities that Alliance proposed to contract to a Third Party. If Schering decides to offer to perform such Development activities, it shall notify Alliance in writing during such fifteen (15) day period and shall include with such notice the terms of its offer to perform such Development activities. Alliance shall have no obligation to accept such offer, but shall consider such offer in good faith and negotiate towards entering into an agreement with Schering if Schering's offer and capabilities are economically and operationally equivalent to those of such Third Party. All other things being equal, Alliance shall accept Schering's offer if it is less expensive than such Third Party's offer.
Right to Engage Third Parties. 21 SECTION 4.05. Development Plan and Development Budget.................... 22 SECTION 4.06. Development Efforts........................................ 23 SECTION 4.07. Drug Approval Applications................................. 24 SECTION 4.08. Costs of Development....................................... 25
Right to Engage Third Parties. In the course of its business, Alliance regularly uses Third Parties to perform certain Development activities. Alliance may continue to do so during the course of this Agreement; provided, however, that any expenses relating to such Third Party Development will be incurred and borne by Alliance at its sole expense.
Right to Engage Third Parties. The Lead Marketing Party may engage Third Parties to assist with the Commercialization of the Collaboration Product in accordance with the Commercialization Plan and Budget. The costs of engaging any such Third Party will be eligible to be Allowable Commercialization Expenses subject to Section 7.3 and to the extent in accordance with the Financial Appendix.
Right to Engage Third Parties. Onyx may use Third Parties to perform portions of its obligations relating to the Development of a Licensed Product, subject to the approval of the Development Team. Warner may contract with Third Parties to perform Development activities in Warner's discretion. Payments to such Third Parties for expenses relating to such Third Party Development shall be included in Development Costs. Each Party agrees to provide in any material agreement with Third Parties relating to the Development of Licensed Products for allocations of intellectual property rights and for obligations of confidentiality of information, record-keeping, access and rights to data and compliance with current, applicable GCP, GMP and other legal requirements that are consistent with the terms of this Agreement. Each Party shall remain liable for the performance of its obligations hereunder which it delegates to Third Parties.
Right to Engage Third Parties. 22 4.9 INDs and Drug Approval Applications.............................................22 4.10 Termination by Onyx of Co-Development...........................................22 4.11 Termination by Warner of Co-Development.........................................22 ARTICLE 5 COMMERCIALIZATION..............................................................22
Right to Engage Third Parties. Each party may use Third Parties to perform certain Development activities subject to the terms provided in this Section 4.2 and approval by the Steering Committee or other relevant committees, and the costs and expenses relating to such Third Party Development activities will be included in Development Expenses. Any material agreements entered into after the Effective Date (including amendments of agreements in effect as of the Effective Date), between Abgenix or SangStat and Third Party clinical research organizations or manufacturers relating to the Development or manufacture of Licensed Product shall be reviewed and approved by the Clinical Development Committee. Abgenix and SangStat agree to use reasonable efforts to provide in any such material agreement for allocations of intellectual property rights and for obligations of confidentiality and record-keeping that are consistent with the terms of this Agreement. Notwithstanding the foregoing, any agreements between Abgenix and Lonza Biologicals shall not be subject to approval by the Steering Committee or other committees provided for in this Agreement, but Abgenix shall coordinate with SangStat the negotiation of the commercial supply agreement with Lonza (retaining the right to redact information regarding its other products from the drafts). To the extent relevant to the manufacture and supply of Licensed Product hereunder and to the extent reasonable, Abgenix shall incorporate SangStat's comments into such agreement as it relates to the supply and manufacture of Licensed Product.
Right to Engage Third Parties. If the Lead Marketing Party determines that it needs promotion support (such as co-marketing or co-promotion) and the Passive Marketing Party does not want to provide it or is not capable of providing it, then the Lead Marketing Party may contract for additional promotion support from a Third Party. In such event, the JOC will review the terms of the engagement of such Third Party, and such engagement shall be subject to the prior written approval of the Passive Marketing Party. The approved costs of engaging such Third Party will be a Commercialization Cost.
Right to Engage Third Parties in Drug Discovery and Early --------------------------------------------------------- Development and Development. In the course of its business, SCHERING regularly --------------------------- uses Third Parties to perform certain activities. SCHERING may continue to do so in carrying out the Drug Discovery and Early Development Program and the Development Program during the course of this Agreement at its own expense.
Right to Engage Third Parties. Licensor shall have the right to use third parties in performance of its obligations and Services hereunder and, for purposes of the Agreement, all references to Licensor or its employees shall be deemed to include such third parties.
