Common use of Notwithstanding Sections Clause in Contracts

Notwithstanding Sections. 7.1 and 7.2 above, during the term of the Agreement, the Parties shall use reasonable commercial efforts to coordinate their regulatory filings concerning Neoprobe Products and USSC Royalty Products and to facilitate concurrent regulatory approvals for Neoprobe Products and USSC Royalty Products, and USSC shall have the right, in its discretion, to file and prosecute, or cause Neoprobe to file and prosecute, applications for expedited marketing approvals from Regulatory Agencies (e.g. amendments to existing PLAs or 510(k) applications) with respect to probes and disposables (e.g. laparoscopic probes and disposables). Omitted portions of this Exhibit 10.4.20 have been filed separately with the Commission and are subject to a request for confidential treatment under Rule 24b-2