Common use of ALS Phase 2 Development Clause in Contracts

ALS Phase 2 Development. Notwithstanding Section 6.4(d) of the 2014 Agreement, the [*] Indication Development Costs incurred by or on behalf of either Party directly pertaining to the Development activities for the Lead Product in ALS prior to Initiation of the Pivotal Registration Study (including the Manufacture of clinical trial supply therefor) (the “ALS Phase 2 Development”) shall be allocated in accordance with Section 6.4(a) of the 2014 Agreement, with Astellas being solely responsible for all such Development Costs, provided that, prior to the completion of such ALS Phase 2 Development of the Lead Product, Cytokinetics shall have the right, but not the obligation, to elect to co-fund any portion of the [*] Indication Development Costs for such ALS Phase 2 Development equally with Astellas, and any such co-funding election by Cytokinetics, at Cytokinetics’ sole discretion, shall be reflected in an updated Development Plan, which shall identify the portion of the [*] Indication Development Costs (and the Development activities corresponding thereto) to be co-funded by Cytokinetics. The portion of the ALS Phase 2 Development solely funded by Astellas within the definition of [*] Indication Development Costs (and excluding costs for which Astellas is solely responsible for country-specific development activities for the Astellas Territory) shall be deemed “Astellas Solely Funded Costs”.

ALS Phase 2 Development. Notwithstanding Section 6.4(d) of the 2014 Agreement, the [*] Added Indication Development Costs incurred by or on behalf of either Party directly pertaining to the Development activities for the Lead Product in ALS prior to Initiation of the Pivotal Registration Study (including the Manufacture of clinical trial supply therefor) (the “ALS Phase 2 Development”) shall be allocated in accordance with Section 6.4(a) of the 2014 Agreement, with Astellas being solely responsible for all such Development Costs, provided that, prior to the completion of such ALS Phase 2 Development of the Lead Product, Cytokinetics shall have the right, but not the obligation, to elect to co-fund any portion of the [*] Added Indication Development Costs for such ALS Phase 2 Development equally with Astellas, and any such co-funding election by Cytokinetics, at Cytokinetics’ sole discretion, shall be reflected in an updated Development Plan, which shall identify the portion of the [*] Added Indication Development Costs (and the Development activities corresponding thereto) to be co-funded by Cytokinetics. The portion of the ALS Phase 2 Development solely funded by Astellas within the definition of [*] Added Indication Development Costs (and excluding costs for which Astellas is solely responsible for country-specific development activities for the Astellas Territory) shall be deemed “Astellas Solely Funded Costs”.