Common use of Multiple Indications Clause in Contracts

Multiple Indications. If a Compound or Compound Series already in development or commercialization under this Agreement falls within multiple indications, each indication shall be treated separately under the terms of this Agreement, depending on whether it is a Chiron Indication, a PathoGenesis Indication, a Joint Indication or other indication. If the Parties identify multiple indications for a Compound or Compound Series before a Development Option has arisen with respect to such Compound or Compound Series, then the Parties shall mutually agree upon the first indication to pursue, with the goal of maximizing Net Pretax Profits. In the event a Joint Development Compound or Compound Series has in the determination of the CMT the potential for multiple indications and a Lead Developing Party exists for one of the multiple indications, and that LDP desires to outsource any services with respect to the development and commercialization of that Compound, the LDP shall reasonably consider the other Party for such services as the other Party is willing to provide, with the goal of maximizing Net Pretax Profits. The other Party shall have no longer than thirty (30) days to provide a written response of their interest in the opportunity to the LDP. If the other Party decides not to provide such services or the Parties are unable to reach a mutual written agreement with respect to development and commercialization of that Compound within thirty (30) days, the LDP shall have final approval authority on the decision of whether to outsource those services and to whom they should be outsourced.