This excerpt taken from the XOMA 10-Q filed Nov 2, 2005.
The parties agree to the following with respect to price:
XOMA and Cubist estimate that the cost of developing the Commercial Processes is approximately [***]. A breakdown of this estimate is contained in Appendix A hereto.
Cubist and XOMA agree on the need to control costs associated with development of the Commercial Processes. To that end, the parties have agreed that XOMA will perform the Services
on a fee-for service basis (as described more fully below), but that in no event will the total cost to Cubist for the Services exceed [***]; provided, however, that the total cost of the Services may exceed [***] to the extent that the actual cost
to XOMA of raw materials and resins exceeds [***].
In the event that the total cost of the Services to Cubist is less than [***] prior to any payment pursuant to this paragraph 3(c), then Cubist shall pay XOMA an additional [***].
In the event that the Services are completed within [***] of the date of this Letter Agreement, then Cubist shall pay XOMA an additional [***], which amount shall be in addition to
any other amounts owed hereunder and shall not be subject to the limits set forth in paragraph 4(b).
For the purposes of clarity, payment for the Services will include any and all costs (whether internal or external) incurred by XOMA in connection with (i) developing,
validating and performing required quality control tests with respect to the Commercial Processes, (ii) completing any documentation, including the CMC section for submission to regulatory agencies to allow use of the Phase 3 clinical
materials, (iii) permitting and/or conducting any regulatory audits by Cubist or regulatory agencies and responding to any questions from regulatory agencies, (iv) providing any Product that is manufactured during the development of the
Commercial Processes to Cubist, and (v) any other activity reasonably requested by Cubist, at Cubists expense, in connection with seeking commercial approval of the Commercial Processes; provided, however, that the Services, as defined
herein, shall not include any process /cleaning validation and stability testing which shall be negotiated separately by the Parties.