Common use of Staffing Level Clause in Contracts

Staffing Level. In carrying out the R&D Program, Diversa shall devote [ * ] FTEs per year during the Research Period (the “Staffing Level”), and IBP shall pay Diversa for the services of such FTEs as set forth herein. Diversa shall not be obligated to utilize more than [ * ] FTEs per year during the Research Period in carrying out the R&D Program unless the Parties otherwise mutually agree. If IBP chooses to exercise its option under [ * ], the Parties shall mutually agree to the number of FTEs dedicated to the development of Compound Derivatives during the specified [ * ]. The FTE rate applicable at the time of IBP’s exercise shall be the FTE rate for such mutually agreed FTEs. Notwithstanding the foregoing or anything contained herein to the contrary, the Staffing Level shall remain at [ * ] FTEs per year during the Research Period, unless the Parties mutually agree in writing to a change in the Staffing Level. Following the Research Period, if IBP requests that Diversa perform research services hereunder with respect to a compound within a Compound Set subject to a License (e.g., for supply of a Compound following the Research Period where such Compound is a member of a formerly Reserved Set), Diversa hereby agrees to discuss such request in good faith with IBP; provided, however, that Diversa shall not be obligated to agree to perform such services, and IBP shall be required to pay Diversa for any such services performed by Diversa FTEs at Diversa’s then applicable FTE rate.

Staffing Level. In carrying out the R&D Program, Diversa shall devote [ * [***] FTEs per year during the Research Period (the “"Staffing Level”"), and IBP shall pay Diversa for the services of such FTEs as set forth herein. Diversa shall not be obligated to utilize more than [ * [***] FTEs per year during the Research Period in carrying out the R&D Program unless the Parties otherwise mutually agree. If IBP chooses to exercise its option under [ * [***], the Parties shall mutually agree to the number of FTEs dedicated to the development of Compound Derivatives during the specified [ * [***]. The FTE rate applicable at the time of IBP’s 's exercise shall be the FTE rate for such mutually agreed FTEs. Notwithstanding the foregoing or anything contained herein to the contrary, the Staffing Level shall remain at [ * [***] FTEs per year during the Research Period, unless the Parties mutually agree in writing to a change in the Staffing Level. Following the Research Period, if IBP requests that Diversa perform research services hereunder with respect to a compound within a Compound Set subject to a License (e.g., for supply of a Compound following the Research Period where such Compound is a member of a formerly Reserved Set), Diversa hereby agrees to discuss such request in good faith with IBP; provided, however, that Diversa shall not be obligated to agree to perform such services, and IBP ----------------------- * CONFIDENTIAL TREATMENT REQUESTED shall be required to pay Diversa for any such services performed by Diversa FTEs at Diversa’s 's then applicable FTE rate.