Common use of Development Guidelines Clause in Contracts

Development Guidelines. In order to insure that both Parties have every incentive to invest in the success of the joint effort contemplated by this Agreement, the Parties agree as follows: (a) In the event the JRDC designates a [ * ] Collaboration Compound as a Development Compound prior to June 30, 1999, the Parties agree that so long as Onyx and Bayer are engaged in Co-Development or Bayer is engaged in development of at least one [ * ] Development Compound with Bayer diligently pursuing or participating in pursuit of development activities to obtain marketing approval, or Bayer is marketing a Product containing such a Development Compound, then Bayer shall not be obligated to [ * ] more than [ * ] Development Compound at any one time, and Onyx shall not pursue [ * ] under the Agreement, including but not limited to Paragraphs 7.3, 9.6, or Article 12 with respect to [ * ]. (b) If the JRDC at any time in the future designates one or more additional Collaboration Compounds as Development Compounds, and Bayer agrees that such compound(s) will be treated for purposes of the Collaboration Agreement as if they had been designated for Co-Development prior to the end of the Research Term, and provided Onyx has not at the time of such JRDC designation and Bayer agreement already commenced development of a compound directed against the molecular target in question, the Parties agree that so long as Onyx and Bayer are engaged in Co-Development or Bayer is engaged in development of [ * ] with Bayer diligently pursuing or participating in pursuit of development activities to obtain marketing approval, or Bayer is marketing a Product containing such a Development Compound, then Bayer shall not be obligated to [ * ] more than [ * ] at any one time, and Onyx shall not pursue [ * ] under the Agreement, including but not limited to Paragraphs 7.3, 9.6, or Article 12 with respect to that target. In the event a compound is active against two (2) or more targets contained in the Residual Field of Collaborative Research, the development of said compound with respect to one (1) of said targets will satisfy the requirements of this paragraph with respect to all of such targets.

Development Guidelines. In order to insure that both Parties have every incentive to invest in the success of the joint effort contemplated by this Agreement, the Parties agree as follows: : (a) In the event the JRDC designates a [ * ] Collaboration Compound as a Development Compound prior to June 30, 1999, the Parties agree that so long as Onyx and Bayer are engaged in Co-Development or Bayer is engaged in development of at least one [ * ] Development Compound with Bayer diligently pursuing or participating in pursuit of development activities to obtain marketing approval, or Bayer is marketing a Product containing such a Development Compound, then Bayer shall not be obligated to [ * ] more than [ * ] Development Compound at any one time, and Onyx shall not pursue [ * ] under the Agreement, including but not limited to Paragraphs 7.3, 9.6, or Article 12 with respect to [ * ]. (b) If the JRDC at any time in the future designates one or more additional Collaboration Compounds as Development Compounds, and Bayer agrees that such compound(s) will be treated for purposes of the Collaboration Agreement as if they had been designated for Co-Development prior to the end of the Research Term, and provided Onyx has not at the time of such JRDC designation and Bayer agreement already commenced development of a compound directed against the molecular target in question, the Parties agree that so long as Onyx and Bayer are engaged in Co-Development or Bayer is engaged in development of [ * ] with Bayer diligently pursuing or participating in pursuit of development activities to obtain marketing approval, or Bayer is marketing a Product containing such a Development Compound, then Bayer shall not be obligated to [ * ] more than [ * ] at any one time, and Onyx shall not pursue [ * ] under the Agreement, including but not limited to Paragraphs 7.3, 9.6, or Article 12 with respect to that target. In the event a compound is active against two (2) or more targets contained in the Residual Field of Collaborative Research, the development of said compound with respect to one (1) of said targets will satisfy the requirements of this paragraph with respect to all of such targets. 10. Acquisition of Compounds From [ * ]. During the Research Term, the Parties evaluated for possible acquisition under the Agreement a compound in the field of [ * ] owned by [ * ]. Onyx agrees that it will not participate further in the acquisition or development of this compound, Bayer is free to enter into an agreement with [ * ] for the development of one or more compound(s) in the field of [ * ].