Requisite Samples Clause Samples

Requisite Samples. FHT shall use commercially diligent efforts to collect, pursuant to one or more CPCS, and deliver to Merck the following number of Biological Samples and Data meeting JCC-specified quality control criteria (the “CPCS Samples and Data”): (i) In the Initial Term – [ * ] Biological Samples and Data; (ii) In the 2nd Collaboration Program Term year – [ * ] Biological Samples and Data, and [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 ON THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. (iii) In the 3rd Collaboration Program Term year – [ * ] Biological Samples and Data. For the purposes of this subparagraph 2.4.9(c), the term “Requisite Samples” means the number of CPCS-derived Biological Samples and Data required to be collected and delivered to Merck in any given Collaboration Program year as specified above. For clarity, each “Requisite Sample” would include [ * ] from a [ * ] . A Requisite Sample could thus be [ * ] from a [ * ] , as long as these [ * ] on the [ * ] . More than one Requisite Sample may come from [ * ] . Subject to Merck’s funding obligations as set out in Section 5.3 and 5.4.1, Merck shall not be charged or be liable for any costs, fees or expenses incurred by FHT in connection with FHT’s annual CPCS efforts to obtain and deliver the Requisite Samples. The JCC is authorized to reallocate the number of Requisite Samples to be collected in any year of the Collaboration Program Term, so that a portion of the Requisite Sample deliverable may be allocated to another Collaboration Program Term year. Any such reallocation shall not impact Merck’s payment obligations under Sections 5.3 or 5.4.1, and must be expressly agreed upon in writing by FHT (such consent not to be unreasonably withheld). FHT shall complete each CPCS that is approved by the JCC to start in a given Collaboration Program Term year by the end of that year, or as soon as practicable after such year.