FUTURE TEXAPHYRINS Sample Clauses

FUTURE TEXAPHYRINS. As of the Effective Date, "Drug Substance" includes the Texaphyrins Lu-Tex and Gd-Tex. In the event that Pharmacyclics decides to commercialize any additional Texaphyrins, it shall provide written notice to HCC of such decision. Within thirty (30) days of receipt of such notice, HCC shall provide written notice to Pharmacyclics indicating whether HCC is interested in adding such additional Texaphyrin to this Agreement pursuant to a new Drug Substance Appendix. In the event that HCC notifies Pharmacyclics that HCC is interested in doing so (an "Interest Notice"), the Parties shall meet to negotiate, in good faith, the terms for adding such additional Texaphyrin to this Agreement pursuant to a new Drug Substance Appendix, under the procedures set forth in Section 2.1. In the event that (i) HCC notifies Pharmacyclics that it is not interested in adding such additional Texaphyrin to this Agreement or (ii) the Parties are unable to agree on the terms of a new Drug Substance Appendix for such additional Texaphyrin within one hundred twenty (120) days of Pharmacyclics' receipt of the Interest Notice, Pharmacyclics shall be free to enter into negotiations and an agreement with one or more third parties to manufacture and supply such additional Texaphyrin (a "Declined Additional Texaphyrin"), subject to Section 11.12 hereof.
Sample 1
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