Common use of Other Development Activities Clause in Contracts

Other Development Activities. (a) Except for the CMC and IND Enabling Studies set forth in the MediLink Development Plan, Zai (either by itself or through its Affiliates and sublicensees) shall have the sole right, at its sole discretion and own cost and expense, to Develop the Products in the Field in the Territory consistent with the Zai Development Plan. Without limiting the generality of the foregoing, ▇▇▇ will have the sole right to lead global development and be responsible for all clinical trials required for the Regulatory Approvals of the Products in the Field in the Territory consistent with the Zai Development Plan. Upon ▇▇▇’s request, MediLink shall cooperate with Zai in such efforts with respect to the Development of the Products in the Field in the Territory. (b) Zai will pay MediLink the documented FTE Costs for the FTE hours actually worked by such FTEs after the Effective Date as requested by ▇▇▇ in performance of the cooperation with Zai for such Development activities. For clarity, the FTE Rate shall apply only to employees of MediLink and its Affiliates. No later than [***] following [***], MediLink will provide Zai with a reasonably detailed invoice, which shall include a report of the number of FTEs assigned to cooperate with Zai and the cooperation activities requested by ▇▇▇ and performed by such FTEs. No later than [***] after receipt of an invoice from MediLink, Zai will make payment of FTE Costs for such [***]. For purposes of this Section 3.5, (I) “FTE Costs” means, for any period, the sum of each FTE costs. Each FTE costs will be calculated as follows: each given FTE Rate multiplied by the number of relevant FTEs applied to such FTE Rate in such period; (II) “FTE Rate” means the rate for different employees as set forth in Exhibit E; and (III) “FTE” means the equivalent of the work of one appropriately qualified employee working on a full-time basis in performing the cooperation activities requested by ▇▇▇ under this Section 3.5 for hourly base period time. [***]. In no event will one person be counted as greater than one (1) FTE.