Common use of Development of Licensed Products Clause in Contracts

Development of Licensed Products. 3.1.1. ViroPharma shall use its Commercially Reasonable Efforts on a continuous basis to Develop a Licensed Product for an Orphan Indication in *** and *** of *** in ***. As of the Effective Date, ViroPharma acknowledges that its current intent is to use its Commercially Reasonable Efforts to Develop a Licensed Product for the treatment of Friedreich’s Ataxia, which intent may change from time to time. Without limiting the foregoing, ViroPharma shall (a) Initiate a Phase II Clinical Trial *** of the Effective Date; provided, however, that *** to *** the *** of *** to Initiate the Phase II Clinical Trial *** shall *** a *** of this provision; and (b) *** to *** the *** and the *** to *** for *** from the *** in *** and from the ***; and *** and ***, to ***; provided, however, that the provisions of this Section 3.1.1(b) are subject, ***, in the *** of *** under this Agreement, to *** of a *** to *** for a *** in *** and/or in ***. 3.1.2. ViroPharma shall not be liable to INS for the failure to successfully develop Licensed Products and/or obtain Regulatory Authorizations for Licensed Products in the Territory.