Common use of XOMA Detail Effort Clause in Contracts

XOMA Detail Effort. If XOMA makes the written election referred to in Section 4.1, XOMA shall be required, subject to the remainder of this Section 4.4, to provide [*] of the number of Details called for by the Commercialization Program in respect of the Product, country and indication so elected. For each calendar year, within thirty (30) days after establishment of the Budgeted Total Detail Effort for the calendar year, XOMA by written notice and within its sole discretion, may elect a Budgeted Detail Effort for such calendar year that is less than [*] of the Budgeted Total Detail Effort (but not less than [*]), in which case the Budgeted Detail Effort of XOMA for such calendar year shall be decreased in accordance with such election with, at Alexion's option (i) an increase in the Budgeted Detail Effort of Alexion up to the amount necessary to maintain the Budgeted Total Detail Effort, (ii) a corresponding decrease in the Budgeted Total Detail Effort, or (iii) a combination of (i) and (ii). XOMA shall not be entitled to provide in a subsequent calendar year a greater percentage of Budgeted Total Detail Effort than it selected for the then current calendar year (even pursuant to Section 4.1(b)), except to the extent of growth in the Budgeted Total Detail Effort for the upcoming calendar year from the current calendar year or to the extent of net attrition from Alexion's sales force (or Alexion's permitted delegates under Section 4.8) during the current calendar year. In connection with an election by XOMA under Section 4.1(b), Alexion will use commercially reasonable efforts to reassign its sales representatives to allow XOMA to provide up to its maximum [*] entitlement of Budgeted Total Detail Effort. Alexion shall notify XOMA in writing of any such growth or attrition and of the number of Details relating thereto to be added to the Budgeted Total Detail Effort for the next year no later than September 1 of each year, and XOMA shall notify Alexion in writing no later than October 1 of such year of the number of such additional Details to be included in its Budgeted Detail Effort for the following year, it being understood that XOMA shall be entitled to elect to undertake as many of such Details as will allow it to provide up to [*] of the Budgeted Total Detail Effort for such year, by Product, country and indication (in accordance with Section 4.1

XOMA Detail Effort. If XOMA makes the written election referred to in Section 4.1, XOMA shall be required, subject to the remainder of this Section 4.4, to provide [*] of the number of Details called for by the Commercialization Program in respect of the Product, country and indication so elected. For each calendar year, within thirty (30) days after establishment of the Budgeted Total Detail Effort for the calendar year, XOMA by written notice and within its sole discretion, may elect a Budgeted Detail Effort for such calendar year that is less than [*] of the Budgeted Total Detail Effort (but not less than [*]), in which case the Budgeted Detail Effort of XOMA for such calendar year shall be decreased in accordance with such election with, at Alexion's ’s option (i) an increase in the Budgeted Detail Effort of Alexion up to the amount necessary to maintain the Budgeted Total Detail Effort, (ii) a corresponding decrease in the Budgeted Total Detail Effort, or (iii) a combination of (i) and (ii). XOMA shall not be entitled to provide in a subsequent calendar year a greater percentage of Budgeted Total Detail Effort than it selected for the then current calendar year (even pursuant to Section 4.1(b)), except to the extent of growth in the Budgeted Total Detail Effort for the upcoming calendar year from the current calendar year or to the extent of net attrition from Alexion's ’s sales force (or Alexion's ’s permitted delegates under Section 4.8) during the current calendar year. In connection with an election by XOMA under Section 4.1(b), Alexion will use commercially reasonable efforts to reassign its sales representatives to allow XOMA to provide up to its maximum [*] entitlement of Budgeted Total Detail Effort. Alexion shall notify XOMA in writing of any such growth or attrition and of the number of Details relating thereto to be added to the Budgeted Total Detail Effort for the next year no later than September 1 of each year, and XOMA shall notify Alexion in writing no later than October 1 of such year of the number of such additional Details to be included in its Budgeted Detail Effort for the following year, it being understood that XOMA shall be entitled to elect to undertake as many of such Details as will allow it to provide up to [*] of the Budgeted Total Detail Effort for such year, by Product, country and indication (in accordance with Section 4.1). XOMA shall report its Selling Expense incurred in connection with performing its Budgeted Detail Effort to Alexion on a quarterly basis within thirty-five (35) days after the end of each calendar quarter. Alexion shall reimburse XOMA one hundred percent (100%) of such XOMA Selling Expense within forty-five (45) days after the end of such calendar quarter, and shall include such reimbursement as a selling Cost incurred by it in calculating such quarter’s Sales and Marketing Expenses. The Party’s reimbursable Selling Expense in respect of each Detail shall not exceed the amount thereof approved by the JMC. XOMA’s reimbursable Selling Expense in respect of each Detail shall not exceed the costs incurred by Alexion for providing a similar Detail, provided by an individual of comparable seniority conducting similar activities in the same or comparable geographic area.