Remaining Materials. At the end of the period described in Section 9.5(f) or if this Agreement is terminated prior to the First Commercial Sale, at the request of ▇▇▇▇▇▇▇, Metabolex shall transfer to ▇▇▇▇▇▇▇, at a price to be agreed in good faith, which shall not be lower than [*] of Metabolex’s manufacturing cost for the PPAR-d Products and/or PPAR-d Compounds or higher than [*] of Metabolex’s manufacturing cost for the PPAR-d Products and/or PPAR-d Compounds, all quantities of PPAR-d Products and/or PPAR-d Compounds in the possession of Metabolex or its Affiliates (including, without limitation, clinical trial supplies and PPAR-d Products and/or PPAR-d Compounds intended for commercial sale).
Appears in 2 contracts
Sources: License Agreement (CymaBay Therapeutics, Inc.), License Agreement (CymaBay Therapeutics, Inc.)