Commercialization in Royalty Bearing Territory Sample Clauses

Commercialization in Royalty Bearing Territory. (a) Subject to Sections 6.09, 13.02 and 13.03, the commercialization of Royalty Bearing Products in the Royalty Bearing Territory shall be conducted independently by ORTHO and/or its Affiliates. On an annual basis, ORTHO shall report to the JCC regarding its planned commercialization activities with respect to each Royalty Bearing Product in each Major Market Country and Japan and the status of such commercialization activities.
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Commercialization in Royalty Bearing Territory. Commercialization of Collaboration Products in the Royalty Bearing Territory, except to the extent of GTx's right to Co-Promote Collaboration Products to the GTx Audience, shall be conducted independently by Ortho and decisions regarding, for example, pricing, advertising, and product recalls shall be the sole responsibility of Ortho.
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Commercialization in Royalty Bearing Territory. (a) Commercialization of Royalty Bearing Products and Independent Products in the Royalty Bearing Territory shall be conducted independently by Affiliates of ORTHO and decisions regarding, for example, pricing, advertising, and product recalls shall be the sole responsibility of ORTHO's Affiliate, provided, however, that such Affiliate's Commercialization Activities with respect to Royalty Bearing Products shall be consistent with the activities of such Affiliate in commercializing its own pharmaceutical products that are similar with regard, for example, to market potential, price per treatment, patient population, and competitive position. ORTHO shall be responsible for all Commercialization costs and expenses in the Royalty Bearing Territory. With respect to Independent Products, neither Party shall have any obligations to undertake Commercialization Activities. ERGO shall not be responsible for any costs or expenses of Commercialization in any country in the Royalty Bearing Territory.
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Related to Commercialization in Royalty Bearing Territory

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Licensed Territory Worldwide NIH Patent License Agreement—Exclusive APPENDIX C – ROYALTIES Royalties:

  • Royalty Term Licensee shall have no obligation to pay any royalty with respect to Net Sales of any Licensed Product in any country after the Royalty Term for such Licensed Product in such country has expired.

  • Combination Product The term “

  • Net Sales The term “

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Territory The territorial limits of this Agreement shall be identical with those of the Reinsured Contracts.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

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