Common use of Development of New Products Clause in Contracts

Development of New Products. 9.1 R&D Services (1) R&D Services for New Products include: (a) project management services relating to the development of the New Product; (b) assisting TearLab in the development, validation and finalisation of the Requirement Definitions for the New Product; (c) assisting TearLab in the development, validation and finalisation of the Specifications for the New Product; (d) using Commercially Reasonable Efforts to develop processes, methodology and technology to manufacture the New Product; (e) using Commercially Reasonable Efforts to evaluate and recommend appropriate technology necessary to manufacture the New Product; (f) using Commercially Reasonable Efforts to develop and construct plant and equipment necessary to manufacture the New Product; and (g) such other services as specified in a Development Order. (2) R&D Services exclude: (a) the initial formulation of and research on the Requirement Definitions for the New Product; [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (b) carrying out experiments, clinical tests or other validation methodologies in relation to the New Product; (c) preparations or filings relating to obtaining Registration for the New Product; (d) sales, distribution, marketing or public release of the New Product; (e) patent review; and (f) legal or other professional advisory services.

Development of New Products. 9.1 8.1 R&D Services (1) R&D Services for New Products include: (a) project management services relating to the development of the New Product; (b) assisting TearLab in the development, validation and finalisation of the Requirement Definitions for the New Product; (c) assisting TearLab in the development, validation and finalisation of the Specifications for the New Product; (d) using Commercially Reasonable Efforts to develop processes, methodology and technology to manufacture the New Product; (e) using Commercially Reasonable Efforts to evaluate and recommend appropriate technology necessary to manufacture the New Product; (f) using Commercially Reasonable Efforts to develop and construct plant and equipment necessary to manufacture the New Product; and (g) such other services as specified in a Development Order. (2) R&D Services exclude:. (a) the initial formulation of and research on the Requirement Definitions for the New Product; (b) carrying out experiments, clinical tests or other validation methodologies in relation to the New Product; [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. (b) carrying out experiments, clinical tests or other validation methodologies in relation to the New Product; (c) preparations or filings relating to obtaining Registration for the New Product; (d) sales, distribution, marketing or public release of the New Product; (e) patent review; and (f) legal or other professional advisory services.