Common use of System Developer Clause in Contracts

System Developer. LipoScience will identify and contract with the System Developer; provided, however, that LipoScience agrees to provide Varian with copies of the proposals received from potential system integrators. Varian will have the right and opportunity to comment and provide input on the selection of the System Developer to LipoScience and as the Parties will mutually agree on the final choice of System Developer, taking into account factors including cost, quality, and Approval and time requirements for the Magnus Analyzer as well as the reputation and integrity of the System Developer. Varian hereby acknowledges that LipoScience is currently contemplating selecting [***] as the System Developer and hereby approves of the selection of [***] as the System Developer. The System Developer will have detailed design responsibility for: (i) the Magnus Analyzer frame and support structure, covers and enclosures, and system functions such as power management and distribution, (ii) the Autosampler, including the fluidic management (sample and reagent handling and storage), sample processing (sample container handling), waste management, process control, and (iii) the LIMS interfacing. The System Developer will be responsible for meeting the requirements of the FDA and other governing regulatory agencies that are applicable during the development stage.