Second Product. DexCom shall propose and submit to the Executive Sponsors an initial Commercialization Plan for the Second Product at least nine (9) months prior to the Product Deadline for Launch of such Product in the United States.
Second Product. The Parties shall collaborate on the Development of the Second Product. The initial R&D Plan for the Second Product is attached hereto as Exhibit 4.2, and may be amended from time to time by the JSC in accordance with this Agreement ("Second Product R&D Plan"). Subject to the terms and conditions of this Agreement and in accordance with the Second Product R&D Plan, the Parties will perform the following Development activities in respect of the Second Product:
Second Product. During the period commencing as of the Effective Date and ending two years thereafter (the “Right of Negotiation Period”), ALJ will have the right to negotiate with Evelo in good faith the terms on which the Parties might include a second product Controlled by Evelo as a Product under this Agreement (the “Second Product”). If, during the Right of Negotiation Period, ALJ wishes to include a Second Product under this Agreement, then ALJ will provide written notice thereof to Evelo (a “Second Product Notice”) and Evelo will provide ALJ with the identity of all products Controlled by Evelo or its Affiliates (i) that are the subject of a Phase I Clinical Trial or Phase II Clinical Trial (prior to database lock for any such Phase II Clinical Trial) conducted by Evelo or its Affiliates at such time, and (ii) with respect to which (A) Evelo has not granted any Development, Commercialization or other rights or options to any Third Party with respect to the Territory that would, in each case, conflict with the inclusion of such product as a Product for purposes of this Agreement, (B) Evelo is not at that time in ongoing negotiations being conducted pursuant to a signed non-disclosure agreement with any Third Party with respect to the grant of Development or Commercialization rights or any other rights with respect to the Territory that would, in each case, conflict with the inclusion of such product as a Product for purposes of this Agreement, and (C) such product is not otherwise encumbered by Third Party rights that would conflict with the inclusion of such Product in this Agreement (each an “Eligible Second Product”), together with a Data Package for each such product. ALJ will have the right, exercisable by providing written notice of such election to Evelo no later than [***] after ALJ’s receipt of the Data Packages, to designate one Eligible Second Product as a Product for purposes of this Agreement, if during such [***] period (or such other period agreed between the Parties), (1) the Parties, each acting reasonably and in good faith, agree on the additional amount to be paid to Evelo in consideration for ALJ’s rights to such Second Product which shall not exceed $7,500,000 (the “Second Product Fee”) and (2) ALJ pays such Second Product Fee to Evelo. For clarity, Evelo shall have no obligation to generate or provide ALJ with any information or materials for any product in order to provide the applicable Data Packages or in addition to the Data Packages. No su...
Second Product. 11 4.4 Extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4.5 Terminations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE V
Second Product. ILEX, at its discretion, may abandon the development of First Product at any time after Milestone 3 and before completion of Milestone 5, including any extensions thereof, by providing TBI written notice of ILEX's intention to abandon further development of First Product prior to completion of Milestone 5. If ILEX abandons the development of First Product, ILEX may develop Second Product; provided:
