Co-Promotion Obligations. Sunesis shall employ a professional and trained sales force to co-promote the Co-Promoted Product, and such sales force shall meet standards of competence and professionalism as are common in the pharmaceutical industry. In all events, Sunesis’ co-promotion shall be conducted as directed by the JCC and in accordance with the then current Sales and Marketing Plan and in accordance with all applicable laws. Biogen Idec shall provide to Sunesis sales personnel at Biogen Idec’s expense any Co-Promoted Product-specific training and promotional materials (including samples), and shall permit Sunesis sales personnel to attend and participate in any Co-Promoted Product-specific seminars and sales training programs at no charge to Sunesis, in each case as reasonably necessary to effectively promote the particular Co-Promoted Product consistent with the Sales and Marketing Plan.
Co-Promotion Obligations. (a) Each Party shall Detail and, in the case of Relypsa, otherwise Promote and Market, the Product within the Territory in accordance with the terms of this Agreement and the Sales Program Plan. Commencing on the date on which [***] (such date, the “[***] Commencement Date”), until the [***] Commencement Date, Sanofi shall Detail the Product within the Territory, which Details shall be focused exclusively on [***]; provided that in the event of [***] for the Product, [***] may [***] if [***] performance thereof would [***]. On and after the [***] Commencement Date until the expiration or termination of the Commitment Term, Sanofi shall Detail the Product within the Territory, as set forth in the Sales Program Plan and pursuant to the Training Program. All Details for the Product to be performed by Sanofi hereunder shall be [***] Details, unless otherwise agreed by the Parties [***]. [***], Sanofi shall be free, if it so chooses in its sole discretion, to Promote additional products other than the Product (regardless of whether such additional products are products owned or controlled by Sanofi, its Affiliates or a Third Party).
(b) Professional Sales Representatives (PSRs).
Co-Promotion Obligations. CK shall employ a professional and trained sales force to co-promote the Co-Promoted Product in the country(s) in which it has elected to co-promote, and such sales force shall meet standards of competence and professionalism as is common in the pharmaceutical industry. With the prior written consent of GSK (which shall not be withheld or delayed unreasonably), CK may sub-contract its Co-Promotion obligations to a Third Party, provided that CK has the right to approve the hiring of sales personnel performing details for a Licensed Product hereunder and to cause the removal from such detailing activities of such sales personnel. In all events, CK's Co-Promotion and detailing shall be conducted in accordance with the then current Sales and Marketing Plan and in accordance with all applicable laws. [*] (including samples) as are reasonably necessary to effectively promote the particular Co-Promoted Product consistent with the Sales and Marketing Plan.
Co-Promotion Obligations. If Geron exercises the Co-Promotion Option, Geron shall be required to commence Detailing the Product on the Launch Date, and shall be required to deploy a sufficient number * of Specialty Sales Representatives (as such term is defined in Schedule 3.6), based on the reach and frequency of Detailing that Merck determines is desirable to the Target Prescribers. Merck shall inform Geron at least * (*) days before the Exercise Date of the total number of Specialty Sales Representatives required for the Detailing of the Product on the Launch Date. Merck and Geron will mutually agree on the number of Specialty Sales Representatives Geron will deploy as outlined in Schedule 3.6. Compensation in any event shall be as described in Schedule 3.6. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Co-Promotion Obligations. NeoRx and Xxxxxxx shall use all reasonable efforts consistent with Xxxxxxx'x and NeoRx's normal business practices and legal requirements to deploy a professional and trained sales force to Co-Promote those Pre-Targeting Products selected by NeoRx for Co-Promotion in the United States. NeoRx and Xxxxxxx agree that their sales force employed in Co-Promoting each Pre-Targeting Product, shall be comprised of individuals at least [ * ] of whom have at least [ * ] prior pharmaceutical sales experience (or is otherwise acceptable to the other Party), and such sales forces shall meet standards of competence and professionalism as is common in the pharmaceutical industry. NeoRx and Xxxxxxx shall compensate their sales force consistent with industry standards, including, but not limited to, incentivizing their sales representatives. In all events, the joint promotion and detailing shall be conducted in accordance with the then current U.S.
Co-Promotion Obligations. Gilead and BMS each shall use Commercially Reasonable Efforts to perform in the Territory the Commercialization Activities that such Member Party is required to perform under the Commercialization Plan in accordance with the Commercialization Budget as applicable to such activities, for so long as there is a Commercialization Plan in effect. Each Member Party shall be required, during the Initial Launch Period and (to the extent there is a [*] applicable thereto) the Subsequent Launch Period, to [*] per Calendar Quarter, and take the other actions, applicable to it as specified in the Commercialization Plan. Subject to Section 2.10, [*] shall apply (i) during the Subsequent Launch Period unless approved by the JEC or JCC as applicable, as part of a Commercialization Plan update pursuant to Section 5.11(c), and (ii) after the Subsequent Launch Period unless approved by the Member Parties. Each Member Party shall be free to engage in [*], and to engage in [*] when there is no longer a Commercialization Plan in effect, in each case in its sole discretion.
Co-Promotion Obligations. Each of the Parties represents and warrants that, during the TERM and prior to and as of the THIRD AMENDMENT EFFECTIVE DATE, it is not and has not been in material breach of its respective obligations under the Agreement, and agrees to continue to fulfill its obligations thereunder, as amended by this THIRD AMENDMENT, in good faith for the remainder of the TERM (as amended by this THIRD AMENDMENT).
Co-Promotion Obligations. (a) Marketing and Promotion Planning, Strategy and Content. During the Term, subject to JSC approval of the Business Plan, the JCC shall have exclusive responsibility with respect to Marketing and Promotion planning and strategy for the Product and the content of Product Promotional Guidelines. Subject to JSC approval of the Business Plan, the JCC shall have final authority for the Product’s Marketing and Promotion strategies and plans, identification of Target Physicians, Sales Call Plans, and the strategies and plans with respect to the Product Promotional Materials; provided, however, that prior to first use, the form and content of any and all Product Promotional Materials shall be subject to the approval of Solvay and CV Therapeutics as provided in Section 3.5(a) below.
Co-Promotion Obligations. (a) Gilead and BMS each shall use Commercially Reasonable Efforts to perform in each country in the Territory the Commercialization Activities that such Member Party is required to perform under the applicable Commercialization Plan in accordance with the applicable Commercialization Budget, for so long as there is a Commercialization Plan in effect. Each Member Party shall be required, during the Initial Launch Period under each such plan and (to the extent there is a [ * ] applicable thereto) the applicable Subsequent Launch Period, to [ * ] per Calendar Quarter, and take the other actions, applicable to it as specified in the relevant Commercialization Plan. Subject to Section [2.11, no minimum Detail requirements] shall apply (i) during a Subsequent Launch Period unless approved by the JEC or the applicable Commercialization Committee, as part of an update to a Commercialization Plan pursuant to Section 5.11(c), and (ii) after a Subsequent Launch Period unless approved by the Member [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Parties. Each Member Party shall be free to engage in [ * ], and to engage in [ * ] when there is no longer a Commercialization Plan in effect, in each case in its sole discretion.
(b) Gilead and BMS shall select independently the target prescribers to which each shall Promote the Combination Product.
(c) In accordance with Section 2.10(b), Gilead and BMS shall each cause its Field Force to use only the product labels and inserts approved by the applicable Regulatory Authority and, subject to Section 5.7, the Approved Marketing Materials in Promoting the Combination Product, and to make only such statements and claims regarding the Combination Product as are consistent with Applicable Law and product labels and inserts approved by the applicable Regulatory Authority. Gilead and BMS shall not provide or give access to samples of the Combination Product to health care practitioners or patients in connection with Promotion of the Combination Product.
(d) Gilead and BMS shall each Detail the Combination Product and perform its other Promotional activities under this Agreement in the Territory in strict adherence to regulatory and professional requirements, and to all Applicable Law, including, to the extent applicable, the Canadian Act ...
Co-Promotion Obligations. Each Party shall use Diligent Efforts to Co-Promote Co-Promotion Products for Co-Development Indications in the applicable Co-Promotion Countries and employ professional and trained sales representatives and medical affairs personnel, meeting the standards of competence and professionalism as is common in the pharmaceutical industry, to do so. In all events, each Party’s Co-Promotion activities shall be conducted in accordance with the then current Co-Promotion Plan and in accordance with Laws, applicable industry codes and applicably industry standards and shall not engage in any promotional activities with respect to such Co-Promotion Product with respect to the Co-Development Indications outside of the applicable Co-Promotion Plan. Each of Maxygen’s sales personnel (including permitted subcontractors) shall be trained on Astellas’ compliance policies at least [****] (or as frequently as Astellas’ own sales personnel are so trained, if less than [****]) and shall comply with such policies (including providing an annual certification as to having been trained on such policies). Furthermore, nothing in this Agreement shall be deemed to require Astellas to act in a manner not in accordance with its own internal regulatory compliance guidelines. Astellas shall have overall authority to manage all sales and promotional activities for Co-Promotion Products.
