Right to Engage Third Parties. (a) In the course of its business, Alliance regularly uses Third Parties to perform certain Development activities. Alliance may continue to do so during the course of this Agreement; PROVIDED, HOWEVER that any expenses relating to such Third Party Development will be incurred and borne by Alliance at its sole expense.
Right to Engage Third Parties. (a) Subject to the advance written approval of Schering, Techniclone shall be entitled to contract with Third Parties to perform any Development activities. Techniclone shall notify Schering in writing thirty (30) days prior to entering into any contract with a Third Party to perform any Development activities where such Third Party contract has not been unanimously approved by the JDC. During the thirty (30) day period following such notice from Techniclone, Schering shall have the right to (i) offer to perform itself such Development activities or (ii) propose an alternative Third Party to perform such Development activities. If Schering decides to offer to perform itself such Development activities or to propose an alternative Third Party to perform such Development activities, it shall notify Techniclone in writing during such thirty (30) day period and shall include with such notice the terms of its offer to perform such Development activities or the identification of such alternative Third Party or the terms of the proposal for such alternative Third Party to perform such Development activities, as the case may be. Techniclone shall have no obligation to accept such offer or proposal, but shall consider such offer or proposal in good faith and negotiate towards entering into an agreement with Schering or the alternative Third Party proposed by Schering if Schering's offer or proposal and the capabilities of Schering or such alternative Third Party, as the case may be, are equivalent to those of the Third Party proposed by Techniclone. All other things being equal, Schering or its alternative Third Party shall be the preferred provider of such Development activities, and Techniclone shall accept Schering's offer or proposal if it is not materially more expensive or otherwise materially less beneficial than the offer of the Third Party proposed by Techniclone.
Right to Engage Third Parties. 21 SECTION 4.05. Development Plan and Development Budget.................... 22 SECTION 4.06. Development Efforts........................................ 23 SECTION 4.07. Drug Approval Applications................................. 24 SECTION 4.08. Costs of Development....................................... 25
Right to Engage Third Parties. (a) In the course of ----------------------------- its business, CTI regularly uses Third Parties to perform certain Development activities. CTI may continue to do so during the course of this Agreement and expenses relating to such Third Party Development will be included in Development Expenses; provided, however, that CTI shall enter into such Third -------- ------- Party contracts on an arm's-length basis at reasonable rates customary in the U.S. pharmaceutical industry.
Right to Engage Third Parties. The Lead Marketing Party may engage Third Parties to assist with the Commercialization of the Collaboration Product in accordance with the Commercialization Plan and Budget. The costs of engaging any such Third Party will be eligible to be Allowable Commercialization Expenses subject to Section 7.3 and to the extent in accordance with the Financial Appendix.
Right to Engage Third Parties. Licensor shall have the right to use third parties in performance of its obligations and Services hereunder and, for purposes of the Agreement, all references to Licensor or its employees shall be deemed to include such third parties.
Right to Engage Third Parties. 13 SECTION 2.10. SCHERING PORTFOLIO....................................... 14 ARTICLE III MANAGEMENT............................. 14
Right to Engage Third Parties. Each party may use Third Parties to perform certain Development activities subject to the terms provided in this Section 4.2 and approval by the Steering Committee or other relevant committees, and the costs and expenses relating to such Third Party Development activities will be included in Development Expenses. Any material agreements entered into after the Effective Date (including amendments of agreements in effect as of the Effective Date), between Abgenix or SangStat and Third Party clinical research organizations or manufacturers relating to the Development or manufacture of Licensed Product shall be reviewed and approved by the Clinical Development Committee. Abgenix and SangStat agree to use reasonable efforts to provide in any such material agreement for allocations of intellectual property rights and for obligations of confidentiality and record-keeping that are consistent with the terms of this Agreement. Notwithstanding the foregoing, any agreements between Abgenix and Lonza Biologicals shall not be subject to approval by the Steering Committee or other committees provided for in this Agreement, but Abgenix shall coordinate with SangStat the negotiation of the commercial supply agreement with Lonza (retaining the right to redact information regarding its other products from the drafts). To the extent relevant to the manufacture and supply of Licensed Product hereunder and to the extent reasonable, Abgenix shall incorporate SangStat's comments into such agreement as it relates to the supply and manufacture of Licensed Product.
Right to Engage Third Parties. 22 4.9 INDs and Drug Approval Applications.............................................22 4.10 Termination by Onyx of Co-Development...........................................22 4.11 Termination by Warner of Co-Development.........................................22 ARTICLE 5 COMMERCIALIZATION..............................................................22
Right to Engage Third Parties. Subject to approval by the RMC, either Party may elect to use Third Parties to perform portions of its obligations under the Research Plan. Each Party agrees to provide, in any material agreement with Third Parties involving the Research Program, for allocations of intellectual property rights and for obligations of confidentiality of information, record-keeping, access and rights to data that are consistent with the terms of this Agreement. Each Party remains responsible for the performance of its obligations hereunder which it delegates to Third Parties.
