Further Development. The Customer may order the further development of software that is covered by the maintenance agreement within the framework described in Appendices 1 and 2. This includes the development of additional functionality that is moderate in scope. The consideration for such further development shall be the Contractor's ordinary hourly rate set out in Appendix 7, unless another model for consideration is set out in Appendix 7. The parties shall agree a progress plan for such development and acceptance criteria. The parties may choose to utilise SSA-O or SSA-B for the performance of such development. Software that is developed pursuant to this clause shall become part of the software that shall be maintained under the Agreement. If the consideration for maintenance shall be adjusted, this shall be clearly set out in the agreement governing the development assignment.
Further Development. The Promoter/Vendor is entitled to amend, modify and/or substitute the proposed future and further development of the said Project Property, in full or in part, subject to the necessary permission/sanction being granted by the competent authority and all other concerned authorities.
Further Development. The LESSOR reserves the right to further develop or improve the landing area and any or all other areas at the Airport as it deems proper. Any material change in LESSEE's use or enjoyment of the leased premises or the efficient operation of it's business thereon shall require renegotiation of the agreement, or, LESSEE may, at its option and with 90 days written notice to XXXXXX, terminate this agreement.
Further Development. All further development, improvement, modification and enhancement of the Technology shall be performed exclusively by Nextelligence. All further development, improvement, modification and enhancement of the Technology shall be owned solely by Nextelligence, but shall be deemed to be licensed to the Company pursuant to Section 2.1. Nextelligence shall invoice the Company on a monthly basis for all work performed.
Further Development. Each party agrees that development of an ongoing enhancement prioritization process is necessary to ensure that AA receives the requisite resources should any Competitor select an Orbitz solution. After the Delivery Date or upon completion of the Initial Development, whichever is later, Orbitz will provide development services to AA pursuant to the change control procedures set forth in Section 7. Any such subsequent development of additional AA-Specific Functionality is outside the scope of Orbitz's Hosting and Support Services obligations, and any such requests will be handled as a new Statement of Services or as a Change Request pursuant to Section 7.
Further Development. Within ninety (90) days of the completion of a pilot biostudy and delivery of the final report on the results of the pilot biostudy("Further Development Option Deadline"), Pacific shall have, upon verification of Pacific's Commercial Capabilities and written notification to IntelGenx, the option to continue, at its expense, any further development of the Product deemed necessary for commercialisation of the Product whilst being, subject to Sections 3.4 and 5.1 solely responsible financially and/or otherwise for the timely completion of all activities, necessary for the commercialisation of the Product, and, for the avoidance of doubt, with all royalty obligations as per Section 8, responsibilities as per Section 2 and license grants as per Section 5, described herein remaining in effect ("Further Development Option"). In the event that Pacific elects to exercise its Further Development Option, and the Parties will enter into good faith negotiations to finalize a development and supply agreement. Notwithstanding the foregoing IntelGenx shall at all times retain all manufacturing rights related to the Licensed Application and/or Product and shall, in furtherance to Sections 3.4 and 5.1, be responsible, at Pacific's cost, upon receipt by IntelGenx of a Purchase order for product from the Commercial Partner, for carrying out all manufacturing activities related to the Product, either itself or, subject to approval by Pacific, such approval not to be unreasonably withheld, delayed or conditioned, through a qualified third party manufacturer. In the event that Pacific elects not to exercise its Further Development Option, or in the event that Pacific is unable to provide reasonable evidence by the Further Development Option Deadline of Pacific's Commercial Capabilities, Pacific shall immediately send IntelGenx written notification of such. This notice is deemed as an offer by Pacific to IntelGenx, to fully transfer title, interest, ownership and/or control of the Project and all intellectual property and intellectual property rights related thereto. IntelGenx shall the have the right, at its sole discretion to accept full title, interest, ownership and/or control thereto and complete, at its own expense, all activities necessary to successfully commercialize the Product, without liability to Pacific as to the result of any actions taken by IntelGenx, its Affiliates, licensee(s) and/or any sublicensee ("Transfer Option"). Notwithstanding any text to the contrary ...
Further Development. In the event that IntelGenx exercises its Transfer Option Pacific shall not, directly or indirectly, work outside of this Project, either alone or with any third party, on the development of a combination product containing both pentoxifylline and n-acetylcystein, for a period of twenty (20) years from the Effective Date of this Agreement, whether by carrying on or engaging in or being concerned with or interested in or advising, lending money to, guaranteeing the debts or obligations of or permitting its name or any part thereof to be used or employed by, any person engaged in or concerned with or interested in any business that is directly competitive with the a combination product containing both pentoxifylline and n-acetylcystein.
Further Development. Any additional development or testing of the Licensed WAS Technology after acceptance Under Section 2.2, including the development of enhancements with particular functionality, or new versions, will be subject to mutual agreement. If the parties agree upon terms and conditions for such development the parties will attach an addendum to this Agreement setting forth all such terms and conditions or will amend this Agreement as necessary to account for such additional development.
Further Development. Wink agrees to waive the Non-Recurring Engineering expense ("NREs") fees associated with the development of version 1.X of the Licensed Engine Product. Any additional development, localization or testing of the Licensed Engine Product after acceptance under Section 2.2 including feature enhancements or creation of a new version will be subject to mutual agreement. If the parties agree upon terms and conditions for such development, the parties will attach an addendum to this Agreement setting forth all such turns and conditions or will amend this Agreement as necessary to account for such development.
Further Development. ITC agrees to use its reasonable efforts to further develop the TJ Technology. ITC agrees to commence its development efforts as soon as practical after Closing. ITC, at its sole discretion, may discontinue development of TJ Technology at any time.
