Common use of Option to Commercialize Clause in Contracts

Option to Commercialize. Following completion of Phase I clinical trials for a Collaboration Product during the Term of the Early Stage Development Program, Introgen shall provide to RPRP a report summarizing the results of such Phase I trials. Within one hundred eighty (180) days following its receipt of such report, RPRP shall notify Introgen whether RPRP wishes to proceed with the Later Stage Clinical Development and commercialization of such Collaboration Product as provided in this Agreement, taking into consideration the recommendation of the Development Committee. In the event that RPRP does not so notify Introgen within the one hundred eighty (180) day period, such product shall cease to be a "Collaboration Product" for all purposes of this Agreement (but such unelected product shall continue to be subject to Section 6.2 below). As used in this Section 6.1, "completion of Phase I clinical trials" for a particular Collaboration Product shall be deemed to occur when Introgen has dosed all patients called for in the protocol for Phase I clinical trials filed in the applicable IND, and has either completed all patient follow-up as defined in such protocol or initiated the next phase of clinical trials. Following RPRP's election to proceed with the further development and commercialization of a Collaboration Product under this Section 6.1, the particular Collaboration Product shall be as defined in the IND therefor filed with the FDA pursuant to the Early Stage Development Program. After the Term of the Early Stage Development Program, "Collaboration Products" shall include only those Collaboration Products that completed Phase I clinical trials during the Term of the Early Stage Development Program and with respect to which

Option to Commercialize. Following completion of Phase I clinical trials for a Collaboration Product during the Term of the Early Stage Development Program, Introgen shall provide to RPRP a report summarizing the results of such Phase I trials. Within one hundred eighty (180) days following its receipt of such report, RPRP shall notify Introgen whether RPRP wishes to proceed with the Later Stage Clinical Development and commercialization of such Collaboration Product as provided in this Agreement, taking into consideration the recommendation of the Development Committee. In the event that RPRP does not so notify Introgen within the one hundred eighty (180) day period, such product shall cease to be a "Collaboration Product" for all purposes of this Agreement (but such unelected product shall continue to be subject to Section 6.2 below). As used in this Section 6.1, "completion of Phase I clinical trials" for a particular Collaboration Product shall be deemed to occur when Introgen has dosed all patients called for in the protocol for Phase I clinical trials filed in the applicable IND, and has either completed all patient follow-up as defined in such protocol or initiated the next phase of clinical trials. Following RPRP's election to proceed with the further development [*] Certain information on this page has been omitted and commercialization of a Collaboration Product under this Section 6.1, the particular Collaboration Product shall be as defined in the IND therefor filed separately with the FDA pursuant to the Early Stage Development ProgramCommission. After the Term of the Early Stage Development Program, "Collaboration Products" shall include only those Collaboration Products that completed Phase I clinical trials during the Term of the Early Stage Development Program and Confidential treatment has been requested with respect to whichthe omitted portions.

Option to Commercialize. Following completion of Phase I clinical trials for a Collaboration Product during the Term of the Early Stage Development Program, Introgen shall provide to RPRP a report summarizing the results of such Phase I trials. Within one hundred eighty (180) days following its receipt of such report, RPRP shall notify Introgen whether RPRP wishes to proceed with the Later Stage Clinical Development and commercialization of such Collaboration Product as provided in this Agreement, taking into consideration the recommendation of the Development Committee. In the event that RPRP does not so notify Introgen within the one hundred eighty (180) day period, such product shall cease to be a "Collaboration Product" for all purposes of this Agreement (but such unelected product shall continue to be subject to Section 6.2 below). As used in this Section 6.1, "completion of Phase I clinical trials" for a particular Collaboration Product shall be deemed to occur when Introgen has dosed all patients called for in the protocol for Phase I clinical trials filed in the applicable IND, and has either completed all patient follow-up as defined in such protocol or initiated the next phase of clinical trials. Following RPRP's election to proceed with the further development and commercialization of a Collaboration Product under this Section 6.1, the particular Collaboration Product shall be as defined in the IND therefor filed with the FDA pursuant to the Early Stage Development Program. After the Term of the Early Stage Development Program, "Collaboration Products" shall include only those Collaboration Products that completed Phase I clinical trials during the Term of the Early Stage Development Program and with respect to whichwith