Equal Sharing. If none of the preceding rules determines the Primary Plan, the Allowable Expenses shall be shared equally between the Plans. Effect on the Benefits of This Plan
Equal Sharing. (i) Upon any election to Co-Promote a Potential Co-Promotion Product made pursuant to Section 5.2, MYRIAD shall be entitled to share equally with SCHERING in Operating Profits or Losses recognized from and after the applicable Current Filing Date from sales of each Co-Promotion Product in the Co-Promotion Territory. In order to exercise such option with respect to any Co-Promotion Product, MYRIAD shall pay to SCHERING an amount equal to the Co-Promotion Exercise Payment with respect to such Co- Promotion Product not later than ten (10) Business Days following the date that MYRIAD shall deliver a Co-Promotion Exercise Notice with respect to such Co-Promotion Product. In the event that MYRIAD shall have failed to make such payment with respect to such Co-Promotion Product within the applicable time period, MYRIAD shall be deemed to have irrevocably waived any right to share equally with SCHERING in Operating Profits or Losses from sales of such Co-Promotion Product and shall share Operating Profits or Losses from sales of such Co-Promotion Product pursuant to paragraph (b) below.
Equal Sharing. Except as set forth in Sections 3.1(c) and 4.2(c) and Article 14, and excluding, for purposes of determining the Development Costs to be shared under this Section 4.2(b), the Parties’ internal FTE Costs incurred in any Development activities (except either (x) where and to the extent such internal FTE costs are required to be taken into account pursuant to Section 4.1(c)(i) and 4.1(c)(ii) or (y) if and as otherwise agreed to by the SCJ), BMKK and Merck/MJ shall, commencing effective as of the Restatement Effective Date, share all Development Costs equally. The Parties shall use commercially reasonable efforts to structure and effect any such Development Cost reimbursement payments in a manner that eliminates, to the maximum extent lawful, the need for any tax withholdings with respect to such payments. The JJDC shall review the actual Development Costs incurred against budget not less than quarterly. ImClone’s share (whatever it may be) of any such Development Costs shall be allocated and borne as between ImClone and BMS/BMKK as and to the extent provided in the BMS-ImClone Japan Agreement. Confidential Treatment has been requested by ImClone Systems Incorporated for portions of this document.
Equal Sharing. Notwithstanding anything to the contrary in the TPA or in any other document or agreement, the parties agree that Seller and Developer shall share equally in the Shore-Up and related obligations under the TPA, except that the Developer alone, and not the Seller, shall be obligated to pay any Whole Ownership Revenue Differential (defined below) – except (i) as provided in Section 12(b) below with respect to the Whole Ownership Revenue Differential, which shall be solely a Westgate obligation (and thus not included in the distributions and allocations described in Section 18(b)(ii) of the TPA as modified by this Agreement); and (ii) that Westgate shall be solely responsible for paying capital expense deficits as provided in and subject to the provisions of Section 6.2 and Section 6.3 of the Maintenance Agreement.
