Commercialization in the Licensed Territory. As between the Parties, MPI shall have sole responsibility for Commercializing all Licensed Products in the Licensed Territory, as provided in this Article 6, and MPI shall bear all of the costs and expenses incurred in connection with all such Commercialization activities, unless otherwise expressly agreed by the Parties.
Commercialization in the Licensed Territory. Collaborator shall have sole right and responsibility for Commercializing all Products in the Licensed Territory, as provided in this Article 5. Collaborator shall bear all of the costs and expenses incurred in connection with all such Commercialization. Collaborator shall have the right to conduct Commercialization of the Product in the Licensed Territory subject to Section 5.4. Upon reasonable request of Affymax, Collaborator shall provide Affymax an opportunity to review and comment on all significant marketing decisions for Product in the Licensed Territory, including without limitation marketing strategy and launch decisions, and Collaborator shall consider any comments thereon provided by Affymax in good faith, to the extent reasonable and practicable.
Commercialization in the Licensed Territory. Subject to Seres’ rights in this Article V, Licensee shall have the sole right to Commercialize the Collaboration Products in the Licensed Territory in accordance with the Commercialization Plan and Budget in effect from time to time and in accordance with the applicable Regulatory Approvals. Each Party shall, itself or through its Affiliates, licensees or Sublicensees, use Commercially Reasonable Efforts to Commercialize the Collaboration Products in the Licensed Territory in accordance with the then-applicable Commercialization Plan and Budget and in accordance with the applicable Regulatory Approvals. For clarity, neither Party shall have any obligations to use Commercially Reasonable Efforts to Commercialize Collaboration Products in Canada, unless and until the Parties mutually agree in writing to Develop and Commercialize Collaboration Products in Canada pursuant to Section 5.1(b). Each Party shall use Commercially Reasonable Efforts to perform any and all of its Commercialization activities with respect to each Collaboration Product that are assigned to it under the applicable Commercialization Plan and Budget, in good scientific manner and in compliance with all applicable Laws and Licensee’s and its Affiliates’ internal policies and procedures applicable to such Commercialization activities (of which Licensee shall advise Seres in writing), provided that Seres shall not be required to comply with such internal policies and procedures of Licensee if doing so would be reasonably expected to result in a failure to comply with applicable Law or ethics rules to which Seres is bound to comply. In allocating the responsibilities among the Parties in relation to the Commercialization of Collaboration Products, the Parties shall endeavor to leverage the use of the existing infrastructure and systems of the Parties in order to minimize the costs associated therewith.
Commercialization in the Licensed Territory. Taiho shall have the sole right and responsibility for Commercializing the Product in the Licensed Territory, as provided in this ARTICLE 5. Taiho shall bear all of the costs and expenses incurred in connection with all such Commercialization. Upon reasonable request of Lung Tx, Taiho shall provide Lung Tx an opportunity to review and comment on all significant marketing decisions for the Product in the Licensed Territory, including without limitation marketing strategy and launch decisions, and Xxxxx shall consider any comments thereon provided by Lung Tx in good faith, to the extent reasonable and practicable.
Commercialization in the Licensed Territory. 3SBio shall have sole responsibility for Commercializing the Product in the Field in the Licensed Territory solely in the Initial Indication and each Co-Developed Indication, as provided in this Article 5, in accordance with a detailed marketing plan for the Initial Indication and for each Co-Developed Indication that sets forth 3SBio’s responsibilities with respect to, and budget and promotional strategy for, Commercialization of the Product in the Licensed Territory (each, a “Marketing Plan”). At least twelve (12) months prior to the date the JSC anticipates obtaining the first Regulatory Approval for the Product for the Initial Indication and each Co-Developed Indication in the Licensed Territory, 3SBio shall prepare the initial Marketing Plan for the Initial Indication or applicable Co-Developed Indication and submit it to the JSC for review and approval. As part of its preparation of the Marketing Plan for the Initial Indication, 3SBio shall conduct a market survey of the Product for use in the Initial Indication in the Licensed Territory. On at least an annual basis, 3SBio shall update and amend, as appropriate, each then-current Marketing Plan. 3SBio shall submit all proposed updates and amendments to the Marketing Plans to the JSC for review and comment, and the JSC shall approve or disapprove such updates and amendments at its next meeting. 3SBio shall bear all costs and expenses it incurs in connection with preparing the Marketing Plans and with all such Commercialization.
