Common use of Consideration for Services Clause in Contracts

Consideration for Services. As consideration for the performance of BII’s Services, XENCOR shall pay BII all fees to be paid to BII as set forth in the Project Plan (the “Project Fees”) according to the terms and conditions set forth in the following subsections of this Section 3.1. The Project Fees as set forth in the Project Plan include BII’s internal and out-of-pocket cost and expenses for its performance of the Project, including without limitation, ordinary and standard raw materials, components and consumables, and XENCOR shall not be obligated to make any payments with respect to any Services except the Project Fees or payments for additional work agreed upon according to Section 2.6 (which shall then be considered “Project Fees”).