Existing Inventory. (a) Within 120 days after the date of execution of the Agreement, Myogen shall purchase from HMR and HMR shall deliver to Myogen, approximately [*#*] active ingredient to be used by Myogen for Development. (b) Upon the Transfer Date (as defined in Section 4.1 hereof), Myogen shall purchase from HMR and HMR shall deliver to Myogen, that number of kilograms of Enoximone active ingredient [*#*] as shall be determined by Myogen in its sole discretion upon the Transfer Date. (c) [*#*] of Enoximone active ingredient purchased under this Section 3.7, payment of which shall be made by Myogen within ten (10) business days after the relevant shipment has been dispatched by HMR. HMR will ship the Enoximone "Free Carrier, HMR site Midland, MI, (FCA per INCOTERMS, 1990 version)". [*#*]CONFIDENTIAL TREATMENT REQUESTED
Appears in 3 contracts
Sources: License Agreement (Myogen Inc), License Agreement (Myogen Inc), License Agreement (Myogen Inc)