Overruns. Notwithstanding the provisions of Section 4.08(b), CTI -------- shall be solely responsible for any Development Expenses for a Collaboration Product for a Development Indication exceeding during a calendar year the most recently approved Development Budget for such year and such overage shall be charged to its account, unless the overage is the result of actions of ORTHO (in which case ORTHO shall bear the expense), or is approved unanimously by the Steering Committee (in which cases ORTHO shall be responsible for sixty percent (60%) of such Development Expenses and CTI shall be responsible for forty percent (40%) of such Development Expenses).
Appears in 2 contracts
Sources: Collaboration and License Agreement (Cell Therapeutics Inc), Collaboration and License Agreement (Cell Therapeutics Inc)