The First Decision Point. On or before the First Decision Point, ▇▇▇▇▇▇▇▇ shall determine in its sole discretion whether it desires to continue participating in the development and commercialization of the Female Product(s). In the event that ▇▇▇▇▇▇▇▇ determines on or before the First Decision Point not to continue participating in such development and commercialization, ▇▇▇▇▇▇▇▇ shall terminate this Agreement pursuant to Section 10.4(d). In the event that ▇▇▇▇▇▇▇▇ fails to terminate this Agreement pursuant to Section 10.4(d), ▇▇▇▇▇▇▇▇ shall be deemed to have elected to continue participating in such development and commercialization and ▇▇▇▇▇▇▇▇ shall make the First Development Completion Payment to Palomar pursuant to Section 6.1(d)(i) on or before the First Development Completion Payment Date.
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Sources: Non Exclusive Patent License (Cutera Inc), Development and License Agreement (Palomar Medical Technologies Inc), Development and License Agreement (Palomar Medical Technologies Inc)
The First Decision Point. On or before the First Decision Point, ▇G▇▇▇▇▇▇▇ shall determine in its sole discretion whether it desires to continue participating in the development and commercialization of the Female Product(s). In the event that ▇G▇▇▇▇▇▇▇ determines on or before the First Decision Point not to continue participating in such development and commercialization, ▇G▇▇▇▇▇▇▇ shall terminate this Agreement pursuant to Section 10.4(d). In the event that ▇G▇▇▇▇▇▇▇ fails to terminate this Agreement pursuant to Section 10.4(d), ▇G▇▇▇▇▇▇▇ shall be deemed to have elected to continue participating in such development and commercialization and ▇G▇▇▇▇▇▇▇ shall make the First Development Completion Payment to Palomar pursuant to Section 6.1(d)(i) on or before the First Development Completion Payment Date.
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