Development Compound. If a Developing Party wishes to develop, make and commercialize a [ * ] product that the Developing Party believes necessary to [ * ], then the Developing Party shall contact the other Party and the Parties shall negotiate an agreement providing compensation to the other Party on terms that are commercially reasonable in the [ * ], as mutually agreed; provided, however, that if such [ * ] product is being sold at or below the Developing Party's fully-allocated cost, then such rights shall be royalty-free for so long as such products are being sold at or below the Developing Party's fully-allocated cost.
Appears in 3 contracts
Sources: Research Collaboration and License Agreement (Tularik Inc), Research Collaboration and License Agreement (Tularik Inc), Research Collaboration and License Agreement (Tularik Inc)