Common use of Proposed Indications Clause in Contracts

Proposed Indications. Chiron may, from time to time, propose to Cubist through the JCT that Cubist consider pursuing development for a new indication (the “Proposed Indication”). Such proposal shall be in writing and contain such information as may be readily gathered which will assist Cubist to evaluate the proposal on its merits. If after due consideration by Cubist and Chiron at the JCT, consensus is reached to pursue development for such new indication, Cubist shall add the Proposed Indication to the Cubist Development Plan. In the event that the Parties are unable to reach consensus on adding the Proposed Indication then Chiron shall be free to pursue, at its own expense, development of such Proposed Indication.