DEVELOPMENT PRODUCTS. Products required to make or connect a medical endoscope embodying the Technology to video cameras or other electronic imaging devices. Products and processes necessary to manufacture and market 3-D Video Systems utilizing the Technology, which systems include (1) an endoscope utilizing the Technology (2) a coupler or other means of attachment, alignment and integration of the endoscope with the remainder of the system, (3) two video cameras, (4) a suitable light source and its cables, connectors and the like, and (5) a video display system using video switching or other appropriate technology, resulting in the display of an apparent three-dimensional image of the object being viewed with the endoscope. -------------------------------------------------------------------------------- XxXXXXXX OPTICS, INC. FAX: (000) 000-0000 000 XXXXXXX XXXXXXX TEL: (000) 000-0000 X.X. XXX 000 XXXXXXXXXXXX, XXXXXXXXXXXXX 00000-0000 -------------------------------------------------------------------------------- June 28, 1994 AMERICAN SURGICAL TECHNOLO 000 XXXXXXXXX XXXX XXXXXXXXXX, XXXXXXXXXXXXX 00000 ATTN: Xxx Xxxxx This letter constitutes an Agreement to alter the provisions of the LICENSE AND DEVELOPMENT AGREEMENT between XXXXXXXX OPTICS, Inc. and AMERICAN SURGICAL TECHNOLOGIES CORPORATION, dated December 18, 1991. For Paragraph 3.1(c)(i) substitute the following:
DEVELOPMENT PRODUCTS. 8.1 The parties recognize that various design change requests ("DCRs"), such as modifications, design changes, redesigns, and manufacturing process improvements may be made to Capstone Special Order PSRs during the term of this Agreement.
DEVELOPMENT PRODUCTS. With respect to units of the Aject to be used for research, development, and clinical testing within the scope of the Aject Development Plan and the AngioSense Product Development Plan and in accordance with Article 5 of this Agreement II, Bioject agrees to transfer the Aject (alone or to be used as part of the AngioSense Product) free of charge; provided, however AngioSense shall be responsible for all shipping and insurance charges for such as set forth in Section 8.7 above. Notwithstanding anything herein to the contrary, Bioject shall be obligated to supply only those quantities of the Aject for use within the scope of the Aject Development Plan and the AngioSense Development Plan as reasonably determined by the Joint Development Committee. All units of the Ajects supplied to AngioSense under this Section 9.1.2 shall not be used for any other purpose.
DEVELOPMENT PRODUCTS. GEI disclaims any and all warranties for all items not yet released to GEI's general customer base, including, but not limited to, items which are still in development in its current (as of the shipment date) Price Book, or as otherwise identified as unreleased items to the Customer.
DEVELOPMENT PRODUCTS. The parties agree that any sale by Accuray to a customer in the Homeland Security Market of development units of Traveling Wave Products provided for engineering and/or evaluation purposes and not for commercial use shall not be considered a sale to a Commercial Customer for the purposes of Sections 1 and 2 above.
DEVELOPMENT PRODUCTS. In any relevant Project SOW, based on Genzyme’s final Product formulations, concentration, fill volumes, and the Parties’ agreement to the final Product Specifications, Hospira will Manufacture Development Products at the prices set forth in the relevant Project SOW. Genzyme shall issue a Purchase Order for any such Development Product(s) at least [**] days before the requested delivery date. Genzyme and Hospira shall agree mutually to the formulation, concentration, fill volume and the components for each lot of Development Product(s).
DEVELOPMENT PRODUCTS. As soon as is mutually convenient for the -------------------- parties, Pharmos and BLP agree to use good faith efforts to prepare a mutually agreeable research and development plan for each Development Product (each an "R&D PLAN") similar in form and content previously agreed to in the U.S. Marketing Agreement. If the parties shall not have agreed on the R&D Plan for a particular Development Product for the New Territories after good faith efforts, the parties shall resolve their disagreement in the manner contemplated by the U.S. Marketing Agreement. The parties further agree that the failure to agree on an R&D Plan or the failure of BLP to perform its obligations under Section 4.5 below shall have the consequences set forth in Section 5.7 of the U.S. Marketing Agreement.
DEVELOPMENT PRODUCTS. Prior to the beginning of the [***] year of commercialization of a Development Products, the Parties will agree to an allocation of the Development Product that may be disposed of [***] to their distributors and subdistributors. Development Product provided [***] by PBM shall be at PBM’s expense. Development Product provided by NANOGEN [***] shall be charged by and payable to PBM by NANOGEN at $[***] for a single analyte test and $[***] for a double window test and multiples of $[***] for each analyte in a panel. Development Product provided under this Section shall not exceed more than [***] percent ([***]%) of the Developed Product actually sold by PBM and NANOGEN in any twelve (12) month period.
DEVELOPMENT PRODUCTS. 8.1 The parties recognize that various **, such as modifications, design changes, redesigns, and manufacturing process improvements may be made to Capstone Special Order PSRs during the term of this Agreement.
DEVELOPMENT PRODUCTS. As soon as is mutually convenient for the parties, Pharmos and BLP agree to use good faith efforts to prepare a mutually agreeable research and development plan for each Development Product (each an "R&D Plan"). Each R&D Plan shall be of scope customary in the trade for the development of new drug compounds, and shall include without limitation proposed formulations, safety and efficacy targets and anticipated budgets. If the parties shall not have agreed on the R&D Plan for a particular Development Product after good faith efforts, the parties shall submit their respective positions on such R&D Plan to a mutually agreeable consultant with relevant expertise with ophthalmic drug products for recommendations on the matter(s) in dispute, which recommendations shall be approved by both parties in their reasonable discretion.
