Common use of Launch Forecast Clause in Contracts

Launch Forecast. Pursuant to Section 3.3, COMPANY shall purchase the following amounts of the SELECTED REAGENT from NEKTAR AL: [*] DOLLARS ($[*]) per gram until December 31, 2004 (the "SELECTED REAGENT PRICE"). Thereafter, the SELECTED REAGENT PRICE shall be increased or decreased on January 1, 2005, and on each anniversary of January 1st during the TERM thereafter, based on the percentage increase or decrease [*] twelve (12) month period [*]. At any time prior to [*] the SELECTED PRODUCT, COMPANY may request in writing to NEKTAR AL, that the price of the SELECTED REAGENT [*]. The [*] the price of SELECTED REAGENT [*] shall take effect thirty (30) days after NEKTAR AL'S receipt of such written request, and shall be memorialized by the PARTIES in a formal written amendment to this AGREEMENT. ▇▇▇ ▇. ▇▇▇▇▇, M.B.A. ▇▇▇ ▇▇▇▇▇▇▇ Chief Scientific Officer Vice President, Development [*] [*] Upon COMPANY'S written notice to NEKTAR AL of its desire to enter into the SERVICES AGREEMENT pursuant to Section 3.8, the PARTIES shall promptly negotiate and execute such SERVICES AGREEMENT, the terms of which shall be reasonable and customary for agreements of this type, and in any event: (i) [*], and (ii) in the case of fees charged, [*] THIRD PARTIES under [*]. For purposes of clarity, NEKTAR AL agrees that it will negotiate with COMPANY in good faith the terms of such SERVICES AGREEMENT and will not unreasonably withhold its consent to entering into such SERVICES AGREEMENT. The SERVICES AGREEMENT may be amended by the PARTIES from time to time in writing to expand the nature or scope of the work plan(s) describing the services to be performed under the SERVICES AGREEMENT, such that there shall only be one SERVICES AGREEMENT entered into by the PARTIES pursuant to Section 3.8 which may be amended as provided for herein. For clarity, it is acknowledged by the PARTIES that the terms of this Schedule VIII, including without limitation, those provisions below relating to intellectual property, shall not apply unless and until the PARTIES have actually executed the SERVICES AGREEMENT. On and after the effective date of the SERVICES AGREEMENT through the remainder of the TERM of the AGREEMENT, the terms of Sections 12.4 and 12.5 relating to intellectual property shall apply with respect to all PATENTS, KNOW-HOW, INVENTIONS and technology invented on and after the effective date of the SERVICES AGREEMENT and during the TERM of the AGREEMENT, regardless of the nature or scope of the work plan(s) agreed upon under the SERVICES AGREEMENT.

Launch Forecast. Pursuant to Section 3.3, COMPANY shall purchase the following amounts of the SELECTED REAGENT from NEKTAR AL: [*] DOLLARS ($[*]) per gram until December 31, 2004 [*] (the "SELECTED REAGENT PRICE"). Thereafter, the SELECTED REAGENT PRICE shall be increased or decreased on January 1, 2005[*], and on each anniversary of January 1st [*] during the TERM thereafter, based on the percentage increase or decrease [*] twelve (12) month period [*]. At any time prior to [*] the SELECTED PRODUCT, COMPANY may request in writing to NEKTAR AL, that the price of the SELECTED REAGENT [*]. The [*] the price of SELECTED REAGENT [*] shall take effect thirty (30) days [*] after NEKTAR AL'S receipt of such written request, and shall be memorialized by the PARTIES in a formal written amendment to this AGREEMENT. ▇▇▇ ▇. ▇▇▇▇▇, M.B.A. ▇▇▇ ▇▇▇▇▇▇▇ Chief Scientific Officer Vice President, Development [*] [*] [*] [*] Upon COMPANY'S written notice to NEKTAR AL of its desire to enter into the SERVICES AGREEMENT pursuant to Section 3.8, the PARTIES shall promptly negotiate and execute such SERVICES AGREEMENT, the terms of which shall be reasonable and customary for agreements of this type, and in any event: (i) [*], and (ii) in the case of fees charged, [*] THIRD PARTIES under [*]. For purposes of clarity, NEKTAR AL agrees that it will negotiate with COMPANY in good faith the terms of such SERVICES AGREEMENT and will not unreasonably withhold its consent to entering into such SERVICES AGREEMENT. The SERVICES AGREEMENT may be amended by the PARTIES from time to time in writing to expand the nature or scope of the work plan(s) describing the services to be performed under the SERVICES AGREEMENT, such that there shall only be one SERVICES AGREEMENT entered into by the PARTIES pursuant to Section 3.8 which may be amended as provided for herein. For clarity, it is acknowledged by the PARTIES that the terms of this Schedule VIII, including without limitation, those provisions below relating to intellectual property, shall not apply unless and until the PARTIES have actually executed the SERVICES AGREEMENT. On and after the effective date of the SERVICES AGREEMENT through the remainder of the TERM of the AGREEMENT, the terms of Sections 12.4 and 12.5 relating to intellectual property shall apply with respect to all PATENTS, KNOW-HOW, INVENTIONS and technology invented on and after the effective date of the SERVICES AGREEMENT and during the TERM of the AGREEMENT, regardless of the nature or scope of the work plan(s) agreed upon under the SERVICES AGREEMENT.