Common use of Additional Developments Clause in Contracts

Additional Developments. Each party shall own all rights, title and interest in all Additional Developments that it may develop. The party that develops any such Additional Development shall notify the other party thereof and, subject to mutual agreement on an appropriate rate of royalty and other terms and conditions, shall grant such other party a royalty-bearing license (with a right to sublicense to *** CONFIDENTIAL TREATMENT REQUESTED. 38 Sublicensees) to use such Additional Development, (i) in the case of Nycomed as licensee, in the Marketing, distribution and sale of the Product in the Territory, provided, however, that Nycomed may use such Additional Development in the Manufacturing of the Product in the Territory in the event that the Manufacturing Agreement is executed; and (ii) in the case of Anthra as licensee, in the Manufacturing, Marketing, distribution and sale of the Product outside the Territory. In the event that an Anthra licensee other than Nycomed shall develop an Additional Development, Anthra shall use commercially reasonable efforts to assist Nycomed in procuring a royalty-bearing license to use such Additional Development in the Marketing, sale or distribution of the Product in the Territory; provided, however, that Nycomed shall bear all payment and other obligations relating to such license.