Common use of Performance Funding Clause in Contracts

Performance Funding. Each Party shall use its respective Commercially Reasonable Efforts to perform the activities allocated to it pursuant to the applicable Project Plan in accordance with the terms of this Agreement. Lilly will perform, at its own cost and expense, any activities for which it is responsible under the applicable Project Plan. Without limiting the foregoing, the activities and timelines set forth in each Project Plan shall be consistent with Commercially Reasonable Efforts applied to other projects in either Party’s respective pipelines. NextCure will perform, [***] (which shall include the research and development payments made by Lilly hereunder in accordance with Section 6.3), any activities for which it is responsible under the applicable Project Plan. Subject to the foregoing and the terms and conditions of this Agreement (including compliance with the applicable Project Plan), each Party (and not the JSC) shall be responsible for managing its own research efforts within the scope of the activities allocated to it pursuant to the applicable Project Plan and making decisions with respect to its day-to-day conduct in support of such research efforts.