Common use of Research Program Costs Clause in Contracts

Research Program Costs. Ambrx will bear its own costs, including costs related to routine laboratory supplies and applicable overhead costs, in performing its obligations under the Research Program, provided that, subject to the terms and conditions of this Agreement (including this Section 3.4(c)), BMS will make a payment to Ambrx for the BMS-funded Ambrx FTEs and Third Party Costs specified in the Budget, as may be amended in accordance with Section 3.3 and this Section 3.4 (such FTE and Third Party Costs being the “Research Program Costs”). The number of BMS-funded Ambrx FTEs shall be established in accordance with Section 3.4(a) and (b), and BMS shall fund such Ambrx FTEs at the applicable FTE Rate (as specified in Section 3.4(b)) in accordance with the Budget. Such FTE payment obligation of BMS will be subject to Ambrx providing such qualified FTE scientists. Ambrx shall send BMS (to BMS’ Financial Representative or otherwise as specified in writing by BMS) an invoice for the BMS-funded Ambrx FTEs for a given Calendar Quarter within forty-five (45) days following the end of such Calendar Quarter. Subject to this Section 3.4(c), such invoice for such BMS-funded Ambrx FTEs reimbursable by BMS shall be payable within forty-five (45) days after BMS receives such invoice. No later than thirty (30) days following the end of each Calendar Quarter, Ambrx will provide BMS with a report of the number of FTEs assigned to the Research Program with a summary of their activities for such Calendar Quarter. Ambrx shall invoice BMS for the Third Party Costs approved within the Budget and incurred by Ambrx for a given Calendar Quarter within forty-five (45) days following the end of such Calendar Quarter (such invoice to be sent to BMS’ Financial Representative or otherwise as specified in writing by BMS). Such invoice for such Third Party Costs reimbursable by BMS shall be payable within forty-five (45) days after BMS receives such invoice. ***Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.