Common use of Commercialisation Clause in Contracts

Commercialisation. All business decisions, including but not limited to the selection of the trademark(s) for Product, pricing, reimbursement, package design, sales and promotional activities and the decision to launch or continue to market a Product in a particular country in the Territory, shall be within the sole discretion and responsibility of THERAVANCE. Notwithstanding the above it is agreed that THERAVANCE shall otherwise use reasonable efforts consistent with its normal business practices to market and promote Product. In doing so it will use the same level of effort as with its other, similar products of similar sales potential. Failure to use reasonable efforts as qualified herein can be considered a material breach in accordance with the provisions of Article 14.1.

Appears in 5 contracts

Samples: License Agreement (Theravance Biopharma, Inc.), License Agreement (Theravance Biopharma, Inc.), License Agreement (Theravance Biopharma, Inc.)

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