Common use of Improved Products Clause in Contracts

Improved Products. A. If during the term hereof PROGENICS develops an improved Product and the commercialization of the improved Product reaches the market evaluation stage, PROGENICS will give DUPONT written notice of its plans to commercialize the improved Product and offer to make available, at DUPONT's cost, sample of the improved Product for DUPONT's evaluation, but as testing materials only and not under circumstances that would commit PROGENICS or DUPONT to supply the improved Product or give customers an expectation that the improved Product will be commercialized. DUPONT may elect to add the improved Product to this Agreement at any time, subject to provisions of Paragraph 2-B below. The parties intend that DUPONT will have advance notice of the introduction of improved Product to enable DUPONT to sell remaining inventory of Product that may be replaced by the improved Product. B. PROGENICS may discontinue a Product that has, in PROGENICS' sole opinion, been replaced by an improved Product. If PROGENICS decides to discontinue a Product, PROGENICS will give DUPONT notice at least 90 days in advance of the discontinuance.