Common use of Appointment as Exclusive Distributor Clause in Contracts

Appointment as Exclusive Distributor. If any Terminated Products are being Commercialized by NVS in any country in the Territory as of the effective date of termination, then, at HMI’s election, until the earlier of (a) such time as all Regulatory Approvals and Pricing Approvals (where applicable) with respect to such Terminated Products in such country have been assigned and transferred to HMI, or (b) [***] from the effective date of termination, either (i) NVS will appoint HMI or its designee as its exclusive distributor of such Terminated Products in such country and grant HMI or its designee the right to appoint sub-distributors, to the extent not prohibited by Applicable Law or any written agreement between NVS or any of its Affiliates and a Third Party, or (ii) NVS will have the continued right to sell the Terminated Products in such country from its inventory, and the obligation to continue to Commercialize the Terminated Products in such country in accordance with the terms of this Agreement, and NVS’ obligations under this Agreement with respect to all such Terminated Products that NVS sells, including the obligation to remit Royalties to HMI hereunder, will continue in full force and effect during such period.

Appointment as Exclusive Distributor. If With respect to the Licensed Products in each Terminated Country or the Territory (as applicable), if any Terminated such Licensed Products are being Commercialized by NVS Company in any country in the Territory as of the effective date of termination, then, at HMIHUTCHMED’s electionelection on a country-by-country basis in the Territory, until the earlier of (a) such time as all Regulatory Approvals and Pricing Approvals (where applicable) with respect to such Terminated Licensed Products in such country have been assigned and transferred to HMI, or (b) [***] from the effective date of terminationHUTCHMED, either (ia) NVS Company will appoint HMI HUTCHMED or its designee as its exclusive distributor of such Terminated Licensed Products in such country and grant HMI HUTCHMED or its designee the right to appoint sub-distributors, to the extent not prohibited by Applicable Law or any written agreement between NVS Company or any of its Affiliates ​ and a Third Party, or (iib) NVS Company will have the continued right to sell the Terminated such Licensed Products in such country from its inventory, and the obligation to continue to Commercialize the Terminated such Licensed Products in such country in accordance with the terms of this Agreement, and NVS’ Company’s obligations under this Agreement with respect to all such Terminated Licensed Products that NVS Company sells, including the obligation to remit Royalties royalties to HMI XXXXXXXX hereunder, will continue in full force and effect during such period.