Common use of Modifications in Specifications Clause in Contracts

Modifications in Specifications. (a) Gilead shall not make any revisions to the Specifications without the prior written consent of Eyetech. (b) If the Specifications are proposed to be modified, the party seeking to make such modification shall notify the other party to this Agreement as far in advance as is practicable prior to the proposed effectiveness of such modification, and the parties shall jointly agree on whether and/or when to implement such modification; provided that if the parties are unable to agree on the implementation of any modification after engaging in good faith negotiations for [**] days, Eyetech shall be entitled to use third party manufacturers as provided in Section 2.9(b). To the extent that such modification results in an increase or decrease in the cost of Manufacturing the Product, the parties shall jointly examine and mutually agree upon the consequences thereof and shall adjust the Price by the amount of such increase or decrease. Gilead shall promptly notify Eyetech of the date of implementation of any such modification.