Common use of COMMERCIAL DUE DILIGENCE Clause in Contracts

COMMERCIAL DUE DILIGENCE. The rights granted under Section 5.2 shall be subject to Xxxxxxx'x obligation to discover, develop and commercially exploit Products using the level of effort commensurate with other Xxxxxxx products at a similar stage of development and of similar importance (based on criteria such as patient population, price per treatment and competitive position). If Xxxxxxx fails to use such diligence, Rigel may notify Xxxxxxx of such failure and, if not cured within six (6) months of such notice, terminate the license under Section 5.2 with respect to such Product.