New Product Development. MCLS encourages exploration of new products and services by its members. When a new service requires software development work for a fee, the system will pay the cost of development if the service or product will, now or in the future, benefit more than one member library’s service population. If the development will benefit a single library only, that member library will bear the cost of development. The MCLS Director reserves the right to decide if a service meets the criteria of benefitting more than one member library service area population. If a director believes the member library has been charged for a development cost unfairly, the director may appeal to the System Services & Operations Committee (SSOC) for a review of the decision.
New Product Development. Both Buyer and Seller shall work together to develop designs and processes at target costs that establish the lowest possible cost of any new products. Seller agrees to provide all price/cost submissions with full cost disclosure throughout the iterative design process. Nothing in this Article shall be construed as an obligation on the part of Buyer to develop or purchase any products other than those Products covered by this Agreement.
New Product Development. For the purposes of this Agreement, all New Products shall be developed, if at all, at Popeil's sole cost and expense. A New Product shall be deemed appropriate for submission to Company in accordance with the terms and conditions of this Agreement, at such time, if ever, as the New Product has been conceived, created and designed and a working prototype of the New Product (a "Prototype") has been produced.
New Product Development. 3.1 If Buyer desires to have EPMP LLC conduct development of a modified version of Product to have specific characteristics of use to Buyer (a “Modified Product”), it shall so notify EPMP LLC in writing. Within [***] days after Buyer makes such request, the parties shall agree upon a Development Plan for developing such Modified Product, including timelines and related budgets for such activities.
New Product Development. In addition to the foregoing, if from time to time, at Ascent's request, Upshxx-Xxxxx xxxelops a new Research Product for Ascent and Ascent elects to market, sale, license or transfer such Product, the parties shall negotiate the addition of said Research Product to this Agreement.
New Product Development. Notwithstanding anything in this Agreement to the contrary, the transfer and assignment to Bioglan by the LLC of the Purchased Assets shall not prevent the LLC, IMX or Medicis from continuing to manufacture and sell other products included or expected to be included in their current line or to use other trademarks owned by the LLC, IMX or Medicis or restrict the rights of the LLC, IMX or Medicis to develop and sell new products using the same active ingredients contained in the Products, but using different formulations, or different presentations, and under different product trademarks.
New Product Development. Roche, at its sole cost, shall be responsible for pursuing clinical development of New Products in accordance with a New Product Development Plan, and as overseen by the JSC. At Roche’s option, PTC may assist with mutually agreed clinical and non-clinical activities in accordance with the New Product Development Plan, which shall include, without limitation, mutually agreed budgets for such activities. At Roche’s reasonable request and at the sole expense of Roche (including for out-of-pocket and internal costs (including a reasonable allocation of overhead) incurred by the Foundation in connection therewith), the Foundation shall use good faith efforts to assist with recruitment of SMA patients for Clinical Studies conducted in the United States under the New Product Development Plan.
New Product Development. (a) From time to time during the Blood Screening Term, the Supervisory Board may discuss the selection and establishment of development programs for one or more new Products, including without limitation the development of modifications to the then-existing Products (which modifications shall in and of themselves be considered Products). The rights granted by each party to the other with respect to any of the Products during the Blood Screening Term shall extend to and include any and all modifications to such Product as are developed during the Blood Screening Term to improve the sample processing, amplification, detection, analysis, or reliability of such Product which utilize the same base technologies and which do not change the fundamental character of such Product, to the extent that Gen-Probe is not prohibited as of the Effective Date from granting such rights. From time to time during the Blood Screening Term, the Supervisory Board shall consider potential modifications to the Products.
New Product Development. Noven shall use commercially reasonable efforts to develop follow-on products to Vivelle, including Vivelle II (as that term is defined in the Operating Agreement), under the terms of the Restated License Agreement.
New Product Development. In addition to the foregoing, if from time to time, HARMONY develops a new Research Product for SIRIUS and SIRIUS elects to market, sale, license, or transfer such Product, HARMONY shall have the right to manufacture the percentages of SIRIUS'S annual requirements of such Product according to the schedule listed in Paragraph 2.1 above. It is agreed that such manufacturing requirements shall be binding upon any assignee, licensee, or other third party marketing the new Research Product. The price which SIRIUS (or any applicable third party) shall pay to HARMONY for such Product shall be based upon the [c.i.] provided in good faith by HARMONY under paragraph 11.1 (c) above subject to revision for final packaging configuration and final negotiation between HARMONY and SIRIUS, plus [c.i.] incurred by HARMONY for the Product all in accordance with paragraph 2.7 herein.
