Right to Engage Third Parties. (a) In the course of ----------------------------- its business, CTI regularly uses Third Parties to perform certain Development activities. CTI may continue to do so during the course of this Agreement and expenses relating to such Third Party Development will be included in Development Expenses; provided, however, that CTI shall enter into such Third -------- ------- Party contracts on an arm's-length basis at reasonable rates customary in the U.S. pharmaceutical industry.
(b) CTI shall notify ORTHO 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 CTI without penalty on less than sixty (60) days notice. During the fifteen (15) day period following such notice from CTI, ORTHO shall have the right to offer to perform itself such Development activities that CTI proposed to contract to a Third Party. If ORTHO decides to offer to perform such Development activities, it shall notify CTI in writing during such fifteen (15) day period and shall include with such notice the terms of its offer to perform such Development activities. CTI shall have no obligation to accept such offer, but shall consider such offer in good faith and negotiate towards entering into an agreement with ORTHO if ORTHO's offer and capabilities are economically equivalent to those of such Third Party. All other things being equal, CTI shall accept ORTHO'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. (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. 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 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. Titan may, with the prior written consent of Schering, such consent not to be unreasonably withheld, engage Third Parties to conduct Preclinical and CMC / Manufacturing Development assigned to Titan in the Development Plan as defined in Section 3.2(b).
Right to Engage Third Parties. In the course of its business, ----------------------------- ERGO and ORTHO may use Third Parties to perform certain Development Activities provided that the use of Third Parties is designated in the Development Plan and expenses therefor are approved in the Development Budget; provided, however, -------- that both parties shall enter into such Third Party contracts on an arm's-length basis at reasonable rates customary in the U.S. pharmaceutical industry after consultation with the non-contracting Party.
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.
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
