Commercial Responsibility Clause Samples
The Commercial Responsibility clause defines the obligations and duties of each party regarding the commercial aspects of their agreement. Typically, this clause outlines which party is responsible for activities such as marketing, sales, distribution, or customer support related to the products or services covered by the contract. For example, one party may be tasked with promoting the product while the other handles after-sales service. Its core function is to clearly allocate commercial tasks and responsibilities, thereby preventing misunderstandings and disputes over who is accountable for specific business operations.
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Commercial Responsibility. ArriVent, itself and/or through its Affiliates or sublicensees, will be solely responsible for performing and will use Commercially Reasonable Efforts to perform, all Commercialization activities including, but not limited to, the marketing, strategy, pricing, promotion, reimbursement, branding, distribution and sale of Products in the Licensed Territory. Without limiting the generality of the foregoing, upon Regulatory Approval of a Licensed Product in a country, ArriVent shall use Commercially Reasonable Efforts to Commercialize such Licensed Product in such country.
Commercial Responsibility. Each Party shall be responsible for all Commercialization activities relating to Products in its Territory, including all costs associated therewith. Each Party shall have sole decision-making authority with respect to commercial strategy and execution in its Territory, except that (a) any decision made by MTPC in the MTPC Territory that could materially and adversely affect the ability of ADCT to obtain or maintain regulatory approval, market clearance or that might have a materially negative impact on ADCT’s ability to market Products outside the MTPC Territory shall require approval of ADCT and (b) MTPC and its Affiliates and Sublicensees shall Commercialize Products in the MTPC Territory in material compliance with the MTPC Commercialization Plan. The Parties shall reasonably assist each other with commercialization strategy and implementation upon reasonable request.
Commercial Responsibility. Each Party shall be responsible for all Commercialization activities relating to the Products within its respective Territory, including obtaining and maintaining Pricing Approval for the Product in its respective Territory, at its own cost, and each Party shall have sole decision-making authority with respect to commercial strategy and execution in its respective Territory (including booking of sales, inventory management, and distribution), except that (a) any decision made by Sobi in the Sobi Territory that could reasonably be expected to materially and adversely affect the ability of ADCT to obtain or maintain regulatory approval, market clearance or have a materially negative impact on ADCT’s ability to market Products outside the Sobi Territory shall require approval of ADCT and (b) Sobi and its Affiliates and Sublicensees shall Commercialize Products in the Sobi Territory materially in accordance with the Sobi Commercialization Plan. ADCT shall reasonably assist Sobi with commercialization strategy and implementation upon Sobi’s reasonable request.