Common use of Price Modification Clause in Contracts

Price Modification. The amounts set forth in Exhibit A are based on the number of experiments and production cycles provided therein. The yield and quality for each production batch of Contract Material cannot be determined prior to commencement of the Agreement or particular Purchase Order. If after the initial research and pilot stages are completed the plasmid yield or quality does not meet the needs of the CUSTOMER, the Parties shall negotiate the steps to take and appropriate price adjustments as provided in Section 2. If either party terminates the Agreement pursuant to Section 2, VGX shall retain all payments made prior to the date of termination. All Contract Materials not shipped to the CUSTOMER prior to the date of termination shall be destroyed. In any event all price modifications will be mutually agreed in writing.

Price Modification. The amounts set forth in Exhibit A each Purchase Order are based on the number of experiments and production cycles provided therein. The yield and quality for each production batch of Contract Material canmay not be determined prior to commencement of the Agreement or particular Purchase Order. If after the initial research and pilot stages are completed the plasmid yield or quality does not meet the needs of the CUSTOMER, the Parties shall negotiate the steps to take and appropriate price adjustments as provided in Section 2. If either party Party terminates the Agreement pursuant to Section 2, VGX shall retain all payments made prior to the date of termination. All Contract Materials for which CUSTOMER has paid and which have not been shipped to the CUSTOMER prior to the date of termination termination, shall be destroyedshipped immediately to the CUSTOMER. In any event all price modifications will be mutually agreed in writing.. Execution Copy CONFIDENTIAL