Common use of Additional Indications Clause in Contracts

Additional Indications. Assignment of an Additional Indication as either a Roche Bioscience Indication or a Tularik Indication shall be negotiated in good faith between the Parties on an as needed basis. Following such negotiation, such Additional Indication shall become a Roche Bioscience Indication or a Tularik Indication, as the case may be; provided, however, that if after such negotiations, the parties cannot agree on the assignment of an Additional Indication, the Chair of the Research Management Committee shall throw a well-balanced United States coin into the air and a representative from Roche Bioscience shall call heads or tails while such coin is in the air. Heads shall mean the side of the coin containing the phrase "In God We Trust." Tails shall mean the side of the coin containing the phrase "E Pluribus Unum." If the coin lands with the side of the coin that the Roche Bioscience representative designated facing up, such Additional Indication shall be designated as a Roche