Development Responsibilities. Each Party will perform, on a Calendar Year basis, the Development activities to be conducted by such Party as set forth in the Development Plan; provided, however, for the avoidance of doubt, during the process of determining which Party will perform the Development activities set forth in the Development Plan, in no event shall a Party be required to perform a particular Development activity that it does not then possess reasonable resources or capabilities to perform. Notwithstanding anything to the contrary in this Agreement, Orexigen shall have the right to perform, on a Calendar Year basis, at least [***] percent ([***]%) of the activities set forth in the applicable Development Plan, as determined based on the percentage of Development Costs associated with such Development activities set forth in the Development Plan for such Calendar Year.
Appears in 3 contracts
Sources: Co Development, Co Promotion, Marketing and Licensing Agreement, Co Development, Co Promotion, Marketing and Licensing Agreement, Collaboration Agreement (Orexigen Therapeutics, Inc.)