Common use of Back-Up Compounds Clause in Contracts

Back-Up Compounds. The payments set forth in Sections ------------------ 7. (a) and 7.3.2 (a) above shall be made with respect to each Collaboration Compound (and corresponding Product). Notwithstanding the above, none of the milestone payments due pursuant to Sections 7.3.1(a) and 7.3.2 (a) above shall be paid with respect to any Active Compound or Other Compound, or any Derivative Compound of any of the foregoing, which is in active clinical development for any indication that is substantially the same as any indication for which a milestone-bearing Lead Compound is being developed, and where BMS' development plan for such Active Compound, Other Compound, or Derivative Compound specifically contemplates a halt in the development thereof if such Lead Compound is developed through NDA approval.

Back-Up Compounds. The payments set forth in Sections ------------------ 7.7.3.1 (a) and 7.3.2 (a7.3.2(a) above shall be made with respect to each Collaboration Compound (and corresponding Product). Notwithstanding the above, none of the milestone payments due pursuant to Sections 7.3.1(a) and 7.3.2 (a) above shall be paid with respect to any Active Compound or Other Compound, or any Derivative Compound of any of the foregoing, which is in active clinical development for any indication that is substantially the same as any indication for which a milestone-bearing Lead Compound is being developed, and where BMS' development plan for such Active Compound, Other Compound, or Derivative Compound specifically contemplates a halt in the development thereof if such Lead Compound is developed through NDA approval.