Common use of Development of 60-Leaf MLCs Clause in Contracts

Development of 60-Leaf MLCs. (a) 3D Line will perform a development program (the “Program”) directed toward the development of 60-Leaf MLCs that meet the Specifications (including the documents referenced therein). The Program will be performed in two iterations with 3D Line delivering to ViewRay: (i) within four (4) months after the Effective Date, complete design plans for the 60-Leaf MLCs that are suitable for manufacturing 60-Leaf MLCs that conform to the Specifications; (ii) [intentionally omitted]; (iii) within one (1) month after ViewRay makes the payment under Section 2.2(b) “final” design plans for the 60-Leaf MLCs that conform to the Specifications that include detailed engineering and fabrication information sufficient to enable commercial scale manufacture; and (iv) within two (2) months after ViewRay makes the payment under Section 2.2(c), but not later than January 15, 2010 unless ViewRay notifies 3D Line that ViewRay is willing to accept a later delivery date, three (3) 60-Leaf MLCs that conform to the Specifications (each, a “Deliverable”).