Common use of Nature of the Project Clause in Contracts

Nature of the Project. As the Product has never been produced by BI at the Facility, CUSTOMER acknowledges that the Project is experimental in nature and that no favorable or useful Product(s) can be assured by BI. Therefore, the Parties have agreed to the [*] set forth in Appendix 5. The technology transfer phase shall be completed with the first successful manufactured Batch at [*] scale [*] that meets the Product Specifications as mutually agreed by the Parties. Notwithstanding the foregoing, the Parties are in agreement that [*] shall be performed [*]. After [*] initial manufacturing runs [*], the Parties shall in good faith agree on a revision (if necessary) of the preliminary specifications that shall then be the respective Specifications for the Product in the respective clinical Phase manufactured in subsequent manufacturing runs at such scale, and, provided that the Manufacturing Process has not been materially changed the Project shall no longer be considered experimental in nature and the obligation to meet the respective Specification shall apply to all future manufacturing runs at such scale.