Sharing of Development Costs. (a) Subject to Sections 8.1(b) and (c), Pfizer shall pay [**] percent ([**]%) of all Development Costs and Eyetech shall pay [**] percent ([**]%) of all Development Costs (including Development Costs incurred for clinical studies performed to support regulatory filings in both the US Territory and the ROW Territory).
(b) Subject to Section 8.1(e), with respect to Development Costs incurred for clinical studies performed solely to support a regulatory filing, or solely as a condition of receiving regulatory approval, in a country in the ROW Territory:
(i) Pfizer shall pay [**]% and Eyetech shall pay [**]% of the first $[**] of such Development Costs; and
(ii) [**] pay [**] of such Development Costs in excess of $[**].
(c) [**] pay [**] percent ([**]%) of Development Costs incurred for clinical studies performed solely to support a regulatory filing in the US Territory, or solely as a condition of receiving regulatory approval in the US Territory.
(d) Following the Effective Date, (i) Eyetech shall, at least thirty (30) days prior to the commencement of each Quarter in which Eyetech anticipates incurring Development Costs, prepare and deliver to Pfizer a statement of Development Costs projected to be incurred by Eyetech during such Quarter in accordance with Section 5.1 above and the annual Development Plan applicable to such Quarter and (ii) Pfizer shall, at least thirty (30) days prior to the commencement of each Quarter in which Pfizer anticipates incurring Development Costs, prepare and deliver to Eyetech a statement of Development Costs projected to be incurred by Pfizer during such Quarter in accordance with Section 5.1 above and the annual Development Plan applicable to such Quarter. Each Party shall include in such statement an adjustment for variances between projected Development Costs included in prior such statements delivered by such Party and actual Development Costs incurred by such Party in the periods covered by such prior statements. After delivery by each Party of its statement of projected Development Costs, Eyetech shall, at least fifteen (15) days prior to the commencement of such Quarter, prepare and deliver to Pfizer a combined statement of projected Development Costs to be incurred by both Parties for such Quarter, which shall provide a net amount to be advanced by the Party projected to incur less than its share of the combined Development Costs for such Quarter to the Party projected to incur more than its share of such combined De...
Sharing of Development Costs. The County has approved a Letter of Notification to the County, regarding Sharing of Development Costs (Teton County Subdivision Regulation Section 9-4-2 (G) as revised on May 12, 2011) submitted to the County which entitles the Owner to collect a pro-rata share of compensation for a portion of the costs of the public improvements required by the Teton County Subdivision Ordinance from adjacent property owners.
Sharing of Development Costs. The Parties shall share all Development Costs in the following ratio: Prothena shall bear thirty percent (30%) of Development Costs and Roche shall bear seventy percent (70%) of Development Costs, including all of Prothena’s reasonable, out-of-pocket costs incurred in connection with preparation to conduct the Phase I Clinical Trial of Licensed Products (“Ramp-up Costs”), even if such costs were incurred prior to the Effective Date; provided, however, that in no event shall Roche be obligated to reimburse to Prothena more than [*] in Ramp-up Costs. Prothena shall invoice Roche after the Effective Date for the amounts incurred by Prothena prior to the Effective Date that are reimbursable Ramp-up Costs, and provide to Roche documentation of such reimbursable Ramp-up Costs. Roche shall pay all invoiced amounts within [*] after receiving such invoice.
Sharing of Development Costs. From and after the time that Acucela exercises an Opt-In Right under Section 3.1, the Parties shall jointly fund all Development Costs incurred after the effective date of such opt-in by or on behalf of the Parties in connection with Development of Licensed Product as follows:
(i) With respect to Development of the Licensed Product for the Initial Indication in the Initial Formulation, Acucela shall fund its share of all Development Costs incurred after the effective date of such opt-in by or on behalf of the Parties in accordance with the percentages set forth in clause (A) or clause (B), as applicable, and clause (C) below (in all cases subject to the terms of Section 7.4(b)) and Otsuka shall fund the remaining share of all Development Costs incurred by or on behalf of the Parties with respect to Development of Licensed Product for the Initial Indication in the Initial Formulation:
(A) if Acucela exercises the * Opt-In Right under Section 3.1(a), Acucela’s share of the costs incurred after the effective date of such opt-in for conducting Phase 3 Clinical Trials of Licensed Product for the Initial Indication in the Initial Formulation (excluding P3b Clinical Trials and not including, for the avoidance of doubt, Phase 4 Clinical Trials and Post-Approval Studies) shall be: (A) if such Phase 3 Clinical Trials are Global Studies that include Japan, Acucela shall fund * of all costs of conducting such Global Studies, including all of Acucela’s direct and indirect costs and expenses (including internal costs, subject to Section 7.4(f), and payments to approved CROs and any other permitted subcontractors) related to the conduct of such Global Studies, plus costs paid by Otsuka or its Affiliates to CROs and any other Third Party subcontractors for conduct of such Global Studies in Japan, or (B) if such Phase 3 Clinical Trials are Global Studies that do not include Japan, Acucela shall fund * of all costs of conducting such Global Studies, including all of Acucela’s direct and indirect costs and expenses (including internal costs, subject to Section 7.4(f), and payments to approved CROs and any other permitted subcontractors) related to the conduct of such Global Studies; or
(B) if Acucela exercises the P3 Opt-In Right under Section 3.1(b), Acucela shall not be obligated to fund any costs of conducting Phase 3 Clinical Trials of Licensed Product for the Initial Indication in the Initial Formulation (excluding P3b Clinical Trials and not including, for the avoidanc...
Sharing of Development Costs. The Parties shall share the Development Costs incurred by or on account of Cytokinetics to conduct the Cytokinetics Development Activities (75% Cytokinetics:25% Astellas) as follows:
Sharing of Development Costs. [ ]* the Parties shall bear [ ]* of the Development Costs incurred by either Party after the Effective Date as well as [ ]* of the aggregate amount of all advances made by Metasyn prior to the Effective Date with respect to the Phase I trial of the Licensed Compound; provided, however, that with respect to any compound included in the Program as to which DRL has a license or obtains a license for Japan prior to the date of the IND filing with the FDA for such compound, (i) MKG shall bear [ ]* of the Development Costs for such compound incurred on and after the IND filing date for such compound and Metasyn and/or DRL shall bear the balance of such costs, as such costs may be apportioned in the agreement between Metasyn and DRL, and (ii) Metasyn shall reimburse MKG for [ ]* of the Development Costs for such compound incurred prior to the IND filing date.
Sharing of Development Costs. Each of the Parties shall bear [ * ] of the Development Costs incurred by either Party on or after January 1, 2000 relating to the execution of the Development Plan in furtherance of obtaining marketing approval of a Licensed Product in the United States, the EU, or, [ * ], regardless of the actual country in which the work is performed. Schering shall bear [ * ] of the Development Costs it incurs relating to the execution of the Development Plan in furtherance of obtaining marketing approval of a Licensed Product in countries other than the United States, the EU and [ * ]; PROVIDED, THAT, Schering shall have the right to use, without the payment of any additional sum, any data, reports or other material developed pursuant to the Development Plan for use in the United States or the EU by or on behalf of either Party. Development Costs shall specifically not include any such costs to the extent attributable to development of Compound MS-325 and its corresponding Licensed Products for use, sale or distribution exclusively in Japan [ * ], it being understood that such costs shall be entirely the responsibility and liability of EPIX and/or DRL. If data developed and/or paid for by Schering is used in Japan by EPIX and/or DRL, EPIX shall reimburse Schering for [ * ] of Schering’s share of the Development Costs relating to such data.
Sharing of Development Costs. If GSK exercises its Option pursuant to Section 3.8 (Exercise of Option and License Effective Date), then the terms of this Section 11.4 (Sharing of Development Costs) shall apply.
Sharing of Development Costs. Development Costs shall initially be borne by the Party incurring the cost or expense, subject to reimbursement as provided herein. Each Party shall prepare and deliver to the other Party preliminary quarterly written reports in a form approved by the JDC setting forth all Development Costs (i.e., all FTE Costs and all Out-of-Pocket Costs) incurred in the performance of all Development activities, as set forth in the Development Plan in the applicable Calendar Quarter by such Party on an activity-by-activity basis. Such preliminary quarterly reports shall be submitted within twenty-one (21) days after the end of the relevant Calendar Quarter. Each Party shall then have the opportunity to inquire to the other Party with respected to any items included in the preliminary quarterly report so provided and to request additional information related to Development Costs contained in the other Party’s preliminary quarterly report. For the avoidance of doubt, each Party shall provide such reports to the other Party with respect to the applicable POC Activities and associated POC Development Costs. With respect to any Calendar Quarter in which Development Costs other than POC Development Costs are incurred by either Party, the following shall apply: within forty-five (45) days after the end of the relevant Calendar Quarter, Array will prepare and provide to Oncothyreon a composite report setting forth the Development Costs incurred by each Party for such quarterly period, and the amount of Development Costs for which each Party is responsible in accordance with this Section 6.1. The composite report will compute a net amount of Development Costs due to either Array or to Oncothyreon, as the case may be. By way of example, if the aggregate amount of Development Costs between the Parties, over a given quarterly period during which Array and Oncothyreon are both responsible for [*] of Development Costs, is $[*] with Array incurring $[*] of the aggregate Development Costs and Oncothyreon incurring $600,000 of the aggregate Development Costs, Array would be responsible for $[*] payable to Oncothyreon [*]. The composite report described above for calculating reconciling payments of Development Costs may be combined with other applicable financial reports hereunder (if any), including, for example, reports calculating US Profit/Loss and detailing applicable payments therefor between the Parties.
Sharing of Development Costs. (a) The development of each Shared Product shall be governed by a Development Plan, including a rolling three (3) year budget of Development Costs, approved by the JDC. The initial Development Plan shall be delivered by Infinity to Intellikine pursuant to Section 7.1(b) of the Agreement. With regard to the rolling three-year budget included in the Development Plan for any Shared Product, a budget described in clause (i), (ii) or (iii) shall be an “Approved Development Budget”: (i) the budget for each of the three years included in the initial Development Plan delivered by Infinity to Intellikine