GSK Development Program definition
Examples of GSK Development Program in a sentence
In addition, GSK (and not PROSENSA or the JSC) shall have the sole right to make decisions with respect to (A) the exercise of an Option; or (B) subject to GSK’s diligence obligations in Section 5.1(c), the Research, Development, progression, manufacture, and commercialization of any Compounds or Products under a GSK Development Program.
Notwithstanding the foregoing in this Section 8.2, following GSK’s termination of a GSK Development Program, Dynavax will be solely responsible for the Prosecution and Maintenance of the Dynavax Compound Patents and the Collaboration Patents owned solely by Dynavax or jointly by Dynavax and GSK.
GSK shall pay to Dynavax, on a GSK Development Program-by-GSK Development Program basis, each of the one-time (per GSK Development Program), non-refundable, non-creditable milestone payments indicated below no later than [ * ] after receipt of an invoice when the aggregate Annual Net Sales of all GSK Products in a GSK Development Program in the Territory (for all indications and without regard to formulation) first reaches the corresponding dollar values.
On a Program-by –Program basis, as a condition for GSK maintaining the exclusive license granted to GSK under Article 4 with respect to a particular GSK Development Program, GSK shall use its Commercially Reasonable Efforts to Develop and commercialize at least one Vector from the relevant GSK Development Program as a GSK Product within the projected timelines indicated in the relevant GSK Development Plan for such Program.
Such Secondary Compounds, as well as all other Compounds under such PROSENSA Collaboration Program, shall be subject to GSK’s Option and included within the applicable GSK Development Program.
Following GSK’s exercise of an Option with respect to a PROSENSA Collaboration Program, and as of the Effective Date for the Exon 51 Program, as a condition for GSK maintaining the licenses granted to GSK under Article 4 with respect to a GSK Development Program, GSK shall use its Commercially Reasonable Efforts to Develop and commercialize * * * * * from such GSK Development Program as a GSK Product in the * * * * *.
For clarity, nothing in this Section 7.1 shall limit Dynavax’s rights to Develop or commercialize on its own or with or for a Third Party Compounds and Dynavax Products within a Dynavax Development Program, if such Program results from termination or expiration of the Option Deadline Period, including any Option Deadline Extension Period (as may be extended), for an Option without exercise by GSK, the JSC’s or GSK’s decision to terminate a Dynavax Program, or the termination of a GSK Development Program.
Except as otherwise provided herein, with respect to a given PROSENSA Collaboration Program or GSK Development Program, all decisions of the JSC shall be made by unanimous agreement of the JSC, with each Party having one (1) vote.
Except as otherwise provided herein, with respect to a given Collaboration Program or GSK Development Program, or with respect to the Research Programs, all decisions of the JSC shall be made by unanimous agreement of the JSC, with each Party having [***].
Upon exercise of the Co-Development Option, Dynavax shall pay to GSK a one-time [ * ] payment equal to [ * ] of the total Co-Development Costs incurred by GSK up to such date for such GSK Product (but not for other Compounds or GSK Products in such GSK Development Program) from and after its exercise of the Option.