FUNDING OF DEVELOPMENT Clause Samples

FUNDING OF DEVELOPMENT. (a) From and after the Effective Date, each of Durect and Hospira shall be responsible for the Costs incurred on or after the Effective Date listed below its name in the following table: Fifty percent (50%) of the Development Costs under the Development Plan for the Initial Licensed Product (excluding Line Extensions thereof) Fifty percent (50%) of the Development Costs under the Development Plan for the Initial Licensed Product (excluding Line Extensions thereof) [* * *] [* * *] [* * *] [* * *] [* * *] [* * *] Confidential treatment has been sought for portions of this Agreement. The copy filed herewith omits the information subject to the confidential treatment request. Omissions are designated as * * *. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. (b) With respect to those Development Costs to be paid by one Party to the other hereunder, within [* * *] calendar days after the end of each month, Durect and/or Hospira, as the case may be, shall provide to the other Party an invoice in an amount equal to Costs incurred by such Party in such month for which the other Party is obligated to reimburse under the terms of this Agreement. Payment terms shall be net [* * *] days from the date of each Party’s receipt of any correct invoice. Payments shall be sent to the “Remit to” address set forth on the invoice. Should a Party dispute any portion of an invoice, it shall not be required to pay any portion of such invoice until such time as the dispute is resolved and such disputing Party receives a fully corrected invoice; provided that, in such an event, the other Party shall have the option of issuing a new, correct invoice for the portion of the original invoice not in dispute, and the disputing Party shall pay such new invoice within the time limits set forth in this Section 4.5(b).

FUNDING OF DEVELOPMENT. 3.1 Funding under the Joint Cooperative Program shall be paid for by JJMI and SHP. SHP will pay for all of SHP's internal costs relating to facilities, clerical and administrative. SHP shall also pay for all U.S. patent filing, prosecution and maintenance costs relating to patents and patent applications which result from the Joint Cooperative Program. JJMI shall pay for the estimated costs summarized in the attached Exhibit C. 3.2 JJMI will separately fund expenditures on Capital Equipment related to development of two Referenced ** Products pursuant to the estimated amounts set forth in attached Exhibit C. Any amount in excess of such estimates in Exhibit C shall be paid by the parties as they agree in advance. ("Capital Equipment" shall mean product machinery, molds, fixtures (including, semi-automated and automated equipment costs) and material for prototypes.) JJMI will own the Capital Equipment including product machinery, molds, fixtures, prototypes, etc. regardless of the physical location and may at any time request possession of such Capital Equipment. Upon a request by JJMI, SHP will make available to JJMI all Capital Equipment within five (5) days of written notice.

FUNDING OF DEVELOPMENT. VIACELL shall pay the following amounts related to the development of Covered Products: (a) TECHNOLOGY TRANSFER AND CLINICAL DEVELOPMENT COSTS. VIACELL shall reimburse GAMETE for costs incurred by Boston IVF to fund clinical development of Covered Products, up to a maximum amount of [**], separate and apart from the reimbursement described in Section 8.1(b). Such amounts shall be paid within 30 days of receipt by VIACELL of the accounting described in Section 8.1(d) below.

FUNDING OF DEVELOPMENT. 3.1 Teijin agrees to fund MSI's development of the New Products in the amount of three million U.S. Dollars ($3,000,000), to be paid as follows: (a) Two million U.S. Dollars ($2,000,000) on the Effective Date (as defined in Section 8.1) of this Agreement; and (b) One million U.S. Dollars ($1,000,000) within three (3) weeks after receipt by TMSI of MSI's first customer shipment of MSI's Unified Materials Product. MSI estimates that its first customer shipment of the Unified Materials Product will occur on or about December 31, 1993. These amounts (hereinafter referred to as the "Development Funds") shall be paid to MSI by wire transfer to an account designated by MSI. The Development Funds will be expended by MSI as it deems appropriate to achieve substantially the development objectives set forth in Appendix A.

FUNDING OF DEVELOPMENT. 5.1 Funding under the development of the Licensed Products shall be paid for by ▇▇▇▇▇▇▇ within 45 days of the date ▇▇▇▇▇▇▇ has reasonably determined that SSC has met the monthly milestones objectives set forth in Exhibit 4.1 and has been invoiced by SSC or has otherwise been mutually agreed to by the Parties in writing. 5.2 Changes to the development schedule found in Exhibit 4.3 or the key project milestones and funding schedule found in Exhibit 4.1 shall be proposed in writing by either Party and adopted as an amendment to the respective Exhibits only after receipt of written approval.

FUNDING OF DEVELOPMENT. Coulter shall bear the cost of all DEVELOPMENT work for Territory A ▇▇▇▇▇▇ (as defined in Section 3.2.3) and Cross-Territory Trials (as defined in Section 3.2.3) until Coulter's aggregate DEVELOPMENT COSTS (including, without limitation, ▇▇▇ ▇▇▇ expenses and its OUT-OF-POCKET COSTS related to DEVELOPMENT work in TERRITORY A and the NON-USA TERRITORY) reach [*], provided that it is understood that no expenses of Coulter -------- * Confidential Treatment Requested. shall be included within the DEVELOPMENT COSTS used to determine the [*] unless such work and related expenses are provided for in the then current JOINT DEVELOPMENT PLAN or are within the category described in Section 1.15(ii). Following the time at which the [*] has been reached. (a) SB's FTEs who support DEVELOPMENT work after the [*] has been reached shall be included in DEVELOPMENT COSTS and handled as set forth in Section 3.2.6(b); and

FUNDING OF DEVELOPMENT. Except for any costs incurred by Alliance in connection with Section 6.3(b) above, the following provisions shall apply to Development performed under this Agreement:

FUNDING OF DEVELOPMENT. 5.1 Funding under the development of the Licensed Products shall be paid for by ▇▇▇▇▇▇▇ within forty five (45) days of the date ▇▇▇▇▇▇▇ has reasonably determined that SSC has met the monthly milestones objectives set forth in Exhibit 4.1 and has been invoiced by SSC or has otherwise been mutually agreed to by the Parties in writing. 5.2 Changes to the development schedule found in Exhibit 4.3 or the key project milestones and funding schedule found in Exhibit 4.1 shall be proposed in writing by either Party and adopted as an amendment to the respective Exhibits only after receipt of written approval by both Parties. --------------- The "**" marks the location of information that has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.

FUNDING OF DEVELOPMENT. [*] shall bear the cost of [*] and [*] aggregate [*] (including, without limitation, [*] related to [*]) [*], provided that it is understood that no expenses of [*] shall be [*] used to [*] unless [*] are [*] or are within [*]. [*]. (a) [*] shall be [*] and handled as set forth in [*]; and (b) DEVELOPMENT COSTS shall be shared by the Parties as follows: