Common use of Development and Commercialization of Products Clause in Contracts

Development and Commercialization of Products. Subject to the terms and conditions of this Agreement, and except as otherwise provided with respect to Emisphere’s performance of its responsibilities under the Formulation-Development Program under Article 3, its preparation and maintenance of certain regulatory filings under Article 4, and its manufacturing responsibilities under Article 8, Genta shall control and be solely responsible for the worldwide development and commercialization of Products, at its sole cost and expense. Genta hereby agrees to establish and conduct the Clinical Program during the Clinical Term in accordance with the Clinical Plan and the timelines set forth therein. Genta shall own all data generated in the development and/or commercialization of Products other than data solely relating to Carriers (provided Genta shall have the right to access and use such Carrier-specific data as necessary to carry out the purposes of this Agreement).