DEVELOPMENT ASSETS. If BioChem, BV or TII does not exercise its Product Option for any CliniChem Product in any country prior to the expiration of such Product Option or, if BioChem, BV or TII notifies CliniChem expressly in writing that it will not exercise its Product Option for a CliniChem Product, BioChem shall make available to CliniChem for further development and commercialization activities, at no charge, all clinical supplies, materials and other tangible assets purchased, manufactured or developed for use exclusively in the development of such CliniChem Product (the "Development Assets") with respect to such country to the extent such assets are being used by CliniChem and will not be used under the Research and Development Agreement.
Appears in 2 contracts
Sources: Product Option Agreement (Clinichem Development Inc), Product Option Agreement (Clinichem Development Inc)