AKSYS' OPTION IN THE TERRITORY Sample Clauses

AKSYS' OPTION IN THE TERRITORY. During the Term of this Agreement, Aksys shall have the option to develop, make, use, promote, market, distribute, lease, rent, offer for sale, and sell the Products in the Territory; provided however that, unless otherwise agreed by the parties in writing: (i) Aksys shall not enable or assist any third-party to develop, make, use, promote, market, distribute, lease, rent, offer for sale, or sell the Products in the Territory, except as provided in Articles 5.3 and 5.4 hereof; (ii) Aksys shall not submit an application to the MHW for an Approval for any of the Products until after the earlier of the second (2nd) anniversary of the First Commercial Sale or December 31, 2005; (iii) at least ninety (90) days prior to submitting its first application to the MHW for Approval of any of the Products, Aksys shall give written notice thereof to Teijin; (iv) following the receipt by Teijin of such notice, the parties shall discuss and amicably seek to address any regulatory, reimbursement, commercial, or other issues which could arise if and when the MHW grants such an Approval to Aksys; and (v) notwithstanding the nature or outcome of the aforesaid discussions, upon being granted an Approval for any of the Products, Aksys shall have the right to develop, make, use, promote, market, distribute, lease, rent, offer for sale, and sell the Products in the Territory.
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