Selection of Products Clause Samples

Selection of Products. Subject to Section 3.3.3(b), with respect to the First Generation FocalGel Product or the First Generation Radiopharmaceutical Product or any of the first three Second Generation Products, if in the judgment of the Developing Party such product demonstrates efficacy, including without limitation demonstration of efficacy in a pig or other mutually agreed upon large animal model, the Developing Party shall use reasonable commercial efforts to conduct Product Development of the Product in question, at the Developing Party's sole expense. Focal shall be informed with respect to such Product Development. Focal agrees to provide reasonable mutually agreed technical support as reasonably necessary pursuant to the Research Plan and Budget; however, except as otherwise expressly agreed in writing, Focal shall have no obligation to perform pre-clinical studies other than those contained in the Research Plan and Budget or clinical studies or other portions of Product Development. It is understood during the term of this Agreement, the Developing Party may select a Product for Product Development at any time.

Selection of Products. For each Development Candidate, during the Late Clinical Development Term and following review of the data from activities under the applicable Early Clinical Development Plan and Late Clinical Development Plan, the JSC will decide whether such Development Candidate should be selected as a Product for Commercialization pursuant to a Joint Commercialization Plan in accordance with the terms and conditions of this Agreement. If, following the review of data from activities under the applicable Early Clinical Development Plan and Late Clinical Development Plan, the JSC does not agree whether such Development Candidate is appropriate for selection as a Product, then a Party may exercise its Opt-Out Right with respect to such Development Candidate and associated Product in accordance with Section 3.2.

Selection of Products. Development Candidates will become Products upon the filing of an IND for such Development Candidate, which filing will be made only after the JSC determines that such Development Candidate is suitable for clinical trials based on its preclinical profile and competitive and other commercial considerations.

Selection of Products. (a) The Lead Products shall be the first Products that the Parties plan to Develop, Finalize, Manufacture and Commercialize pursuant to this Agreement. (b) From time to time before the tenth (10th) anniversary of the First Commercial Sale of the first Product, either Party may present to the JSC another potential Compound Construct as a potential Product that the Parties may consider Developing, Finalizing, Manufacturing and Commercializing. With respect to the consideration of any potential Product, each Party shall present such material information it possesses regarding Development, Final Development, Manufacture and Commercialization opportunities, risks and costs. Each Party shall consider the information presented to the JSC with respect to each potential Product and, when requested by the other Party, shall determine whether such potential Product will be selected as a Product under this Agreement. Unless and until such Party selects such potential Product as a Product, it shall not be considered a Product under this Agreement and neither Party shall have any obligation to the other Party with respect to such potential Product under this Agreement, except to the extent provided in Sections 3.1(c) and 3.2 below.

Selection of Products. The Customer acknowledges and agrees that: (a) the Products to be supplied by Trident under this Agreement are to be used wholly or predominantly for business purposes; (b) it has satisfied itself as to the Products (including any Hardware) and their suitability for the Customer’s purposes, has not relied on Trident in deciding to enter into this Agreement and has selected the Products based upon the Customer’s own skill and judgment; (c) Trident makes no representation or warranty as to the condition, specifications, quality, fitness for purpose or suitability of the Products or as to the taxation treatment or accounting classification of any transaction evidenced by this Agreement; and (d) Trident has not made any representation, warranty or undertaking in relation to the Products (other than as expressly set out in this Agreement).

Selection of Products. Epimmune shall have a period of [...***...] years after the Effective Date to designate up to [...***...] Products to be covered by the license granted in Section 2.1, during which time Epimmune may research and develop multiple product candidates using the Biological Material in the Field. Epimmune shall provide Valentis with written notice of the designation of each Product, which notice shall include a reasonably detailed description of such Product. After a product candidate is designated a Product hereunder up until the initiation of a Phase I Clinical Trial of such Product, Epimmune shall have the right to optimize such Product by substituting, deleting or adding [...***...] epitopes to such Product. Epimmune will notify Valentis in writing if it desires to so optimize any Product in this manner, and if

Selection of Products. The Customer acknowledges and agrees that: (a) it has satisfied itself as to the Products (including any Hardware) and their suitability for the Customer’s purposes, has not relied on Trident in deciding to enter into this Agreement and has selected the Products based upon the Customer’s own skill and judgment; (b) Trident makes no representation or warranty as to the condition, specifications, quality, fitness for purpose or suitability of the Products or as to the taxation treatment or accounting classification of any transaction evidenced by this Agreement; and (c) Trident has not made any representation, warranty or undertaking in relation to the Products (other than as expressly set out in this Agreement).

Selection of Products. CMAR shall, at the time of submittal of the ▇▇▇▇ Construction Schedule, advise the Owner of the date when the final selection and purchase of each product or system described by an allowance must be completed to avoid delaying the work.

Selection of Products. The primary product in this study is chosen to be ethanol, which is produced in large volume in the refinery. The reason for this choice is the current strong promotion of bioethanol as a transport fuel in both Europe and the U.S.. Ethanol produced from a bioprocess instead of a traditional chemical process fulfils all the aforementioned criteria, and currently is the most competitive liquid fuel option compared to gasoline. Based on the similar selection criteria mentioned above, ▇▇▇▇▇▇▇▇ et al. (1994) made a product portfolio which consists of 40 products. Fourteen of the 40 were classified as near-term opportunity, which are alginate, citric acid, fumaric acid, gluconic acid, itaconic acid, lactic acid, lysine, malic acid, protease, pullulan, rhamsan gum, scleroglucan, succinic acid and xanthan gum. Succinic acid is selected here to be the main chemical produced from the refinery due to its FRF (Fraction of Revenue for Feedstock) value and the judgment from a number of industrial experts. Succinic acid is a common intermediate in the metabolic pathway of several anaerobic and facultative microorganisms. All the succinic acid producing bacteria from mixed- acid fermentations produce varying amounts of succinate as well as other products, including ethanol, lactic acid, acetic acid and formic acid. For instance, Escherichia coli produces succinate as a minor fermentation product, typically 0.12 mol/mol glucose (Wood, 1961). On the other hand, Anaerobiospirillum succiniciproducens forms succinate up to 1.2 mol/mol glucose (▇▇▇▇▇▇ et al., 1997; ▇▇▇▇▇▇▇▇ et al., 1991). A recent study on a Corynebacterium glutamicum strain (ΔldhA-pCRA717) shows that succinic acid is efficiently produced at high-cell density under oxygen deprivation with intermittent addition of sodium bicarbonate and glucose. The yields of succinic acid and acetic acid from glucose are reported to be 1.4 mol/mol and 0.29 mol/mol, respectively (▇▇▇▇▇ et al., 2008). In the biorefinery designed in this study, ethanol is produced as a main bulk fuel; succinic acid is the main chemical; acetic acid is produced simultaneously from the mixed-acid fermentation as a by-product; steam and electricity are generated from process wastes. An important reason for combining ethanol with succinic acid production is that the CO2 emerging from ethanol fermentation can be utilized in the acid fermentation without emissions. This is of crucial importance from an environmental point of view.