Common use of Selection of Products Clause in Contracts

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.