Common use of Success Criteria Clause in Contracts

Success Criteria. If the Product prototypes delivered at the completion of the Program meets the applicable Specifications, then the provisions of Section 3 shall take effect. If the Product prototype delivered at the completion of the Program does not meet the Specifications or if ViewRay and MSC determine during the course of the Program that the results of the Program are unsatisfactory; which determination shall be made with reference to the prospects for [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. realizing Products that meet the Specifications then in each case they may mutually agree to terminate the Program under Section 9.2(b). If the parties do not agree with respect to termination of the Program, they shall resolve such dispute using the procedure specified in Section 10.2(a)-(b). ViewRay’s notice of Acceptance of the final Deliverables shall confirm the end of the Program and the initiation of the commercial supply arrangements described in Section 3.

Success Criteria. If the Product prototypes delivered at the completion of the Program meets the applicable Specifications, then the provisions of Section 3 shall take effect. If the Product prototype delivered at the completion of the Program does not meet the Specifications or if ViewRay and MSC determine during the course of the Program that the results of the Program are unsatisfactory; which determination shall be made with reference to the prospects for [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. if ViewRay and MSC determine during the course of the Program that the results of the Program are unsatisfactory; which determination shall be made with reference to the prospects for realizing Products that meet the Specifications then in each case they may mutually agree to terminate the Program under Section 9.2(b). If the parties do not agree with respect to termination of the Program, they shall resolve such dispute using the procedure specified in Section 10.2(a)-(b). ViewRay’s notice of Acceptance of the final Deliverables shall confirm the end of the Program and the initiation of the commercial supply arrangements described in Section 3.