The very essence of research and development is risk. The risk of failure is inherent in every research project. I have handled many research and development contracts. I have been on both sides of the fence. Lawyers bring to bear a 600-year tradition of British common law into the interpretation of legal contracts.
Traditions die hard.
Lawyers know that the best way to get a Client out from an unexpired contract is to claim that the other party is in breach. Inevitably, charges and countercharges will fly. In the best of circumstances, this is very unproductive. In the context of a research and development agreement, it is down right stupid. Surely you've seen that clause before.