Cost of Change Orders. If Modifications are requested by or from Fujifilm as a result of [**] then Sponsor and Fujifilm will review such requirements and use good faith efforts to agree on the reasonable costs associated therewith, [**]. If Modifications are requested by or from Fujifilm as a result of requirements set forth by a Regulatory Authority and such Modifications apply generally to the Product as well as other products produced by Fujifilm (for itself or for third parties) or the general operation of the Facilities, then Fujifilm shall bear the reasonable costs associated therewith. Except as set forth above, the reasonable costs associated with Modifications requested by Fujifilm which exclusively benefit Fujifilm and/or its other customers shall be borne by Fujifilm, and the reasonable costs associated with Modifications requested by Sponsor shall be borne by Sponsor, if such costs have been accepted by Sponsor pursuant to Section 10(b) above. When Fujifilm provides a proposed Change Order to Sponsor for any reason, Fujifilm shall provide reasonable detailed explanation of activities to be performed to enable Sponsor to understand and evaluate the source of such changes in price.
Appears in 2 contracts
Sources: Commercial Supply Agreement, Commercial Supply Agreement (Synageva Biopharma Corp)