Continued Development. In the event that Anthra reasonably determines at any time that the NDA for an indication for the Product is unlikely to be approved by the FDA, then it shall so notify Medeva, whereupon Anthra shall have no further obligation pursuant to this Article II to conduct any Development Activities with respect to such indication for the Product. Upon receipt of such notice, Medeva shall elect, in its sole discretion, either to terminate this Agreement with respect to such indication for the Product, or to continue (or contract for a third party to continue) such Development Activities at the sole expense of Medeva. Medeva shall notify Anthra of such election within ninety (90) days after the receipt of the notice referred to *** CONFIDENTIAL TREATMENT REQUESTED.
Appears in 3 contracts
Sources: Development Agreement (Anthra Pharmaceuticals Inc), Development Agreement (Anthra Pharmaceuticals Inc), Development Agreement (Anthra Pharmaceuticals Inc)