Xxxx’x Manufacturing Right. (a) Xxxx shall have the right to qualify a second source for supply of the Products, at Xxxx’x own expense, provided that such second source may only supply Xxxx with Products either (i) in accordance with Section 7.4(b) below or (ii) [*]. Corium shall provide Xxxx with reasonable assistance at the request and expense of Xxxx, in qualifying such second source for supply of the Products. (b) Xxxx shall have the right to manufacture the Product, or have the Products manufactured by its Affiliates and/or a Third Party Manufacturer in the event that [*]. Any Product manufactured by Xxxx, its Affiliates or Third Party Manufacturer pursuant to this Section 7.4 shall be included for purposes of calculating Gross Sales for such Product; provided that the costs incurred by Xxxx or its Affiliates or paid to Third Party Manufacturers shall be calculated as part of the Fully Allocated Costs. Corium shall grant to Xxxx, its Affiliates and/or such Third Party Manufacturer as directed by Xxxx, a non-exclusive right to [*]solely to the extent necessary to enable Xxxx, such Affiliates and/or such Third Party Manufacturer to manufacture the Product pursuant to Section 7.4 (b) for so long as (i) [*], (ii) [*], and (iii) [*].
Appears in 4 contracts
Samples: Development, Manufacturing and Commercialization Agreement, Development, Manufacturing and Commercialization Agreement (Corium International, Inc.), Development, Manufacturing and Commercialization Agreement (Corium International, Inc.)
Xxxx’x Manufacturing Right. (a) Xxxx shall have the right to qualify a second source for supply of the ProductsProduct, at Xxxx’x own expense, provided that such second source may only supply Xxxx with Products Product either (i) in accordance with Section 7.4(b6.4(b) below or (ii) [*]. Corium shall provide Xxxx with reasonable assistance at the request and expense of Xxxx, in qualifying such second source for supply of the ProductsProduct.
(b) Xxxx shall have the right to manufacture the Product, or have the Products Product manufactured by its Affiliates and/or a Third Party Manufacturer in the event that [*]. Any Product manufactured by Xxxx, its Affiliates or Third Party Manufacturer pursuant to this Section 7.4 6.4 shall be included for purposes of calculating Gross Sales for such Product; provided that the costs incurred by Xxxx or its Affiliates or paid to Third Party Manufacturers shall be calculated as part of the Fully Allocated Costs. .
(c) Corium shall shall, and hereby does, grant to Xxxx, its Affiliates and/or such Third Party Manufacturer as directed by Xxxx, which license Xxxx covenants and agrees it may not exercise other than in the event that Xxxx manufactures or has manufactured the Product pursuant to Section 6.4(b), a non-exclusive right to [*]] solely to the extent necessary to enable Xxxx, such Affiliates and/or such Third Party Manufacturer to manufacture the Product pursuant to Section 7.4 6.4 (b) for so long as (i) [*], (ii) [*], and (iii) [*].
Appears in 4 contracts
Samples: Development, Manufacturing and Commercialization Agreement, Development, Manufacturing and Commercialization Agreement (Corium International, Inc.), Development, Manufacturing and Commercialization Agreement (Corium International, Inc.)