Common use of Remaining Materials Clause in Contracts

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.)