Allowable Increases. Separate from the cost allocation provided for in Section 4.5(a), Exelixis shall bear sixty-five percent (65%) and Licensee shall bear thirty-five percent (35%) of all Allowable Increases in Development Costs for all Clinical Trials that are committed studies in the GDP as of the Effective Date. “Allowable Increases” are defined as increased Development Costs resulting from (i) changes in study design after the Effective Date that are approved by the JDC and JSC [ * ] (up to the amount of a mutually-agreed budget increase), (ii) changes in regulatory requirements arising after the Effective Date (including changes required or recommended by Regulatory Authorities, but excluding changes required or recommended specifically by a Regulatory Authority of the Exelixis Territory solely for the benefit of the Exelixis Territory), and (iii) extensions in the duration of Clinical Trials resulting from a lower than anticipated rate of clinical events or higher rates of survival.
Allowable Increases. At the Director’s sole discretion, the Billing Rates set forth in Exhibit “B” are subject to a possible increase not to exceed 4% of the Billing Rate for the previous contract year for actual salary increases which shall include cost of living adjustments. Upon the Director’s written approval, the revised Billing Rate(s) will automictically become part of Exhibit “B”. An increase to any Billing Rate may only occur once per contract year. Any increase to Billing Rates will not take effect on any existing LOA but shall take effect on any LOA issued after the increased Billing Rate has been approved by the Director.
