Commercialization Matters Sample Clauses
The COMMERCIALIZATION MATTERS clause outlines the parties' rights and obligations regarding the development, marketing, and sale of products or services derived from their agreement. Typically, this clause specifies which party is responsible for commercializing the intellectual property, sets performance milestones or timelines, and may address revenue sharing or reporting requirements. Its core function is to ensure that both parties have a clear understanding of how commercialization will proceed, thereby reducing disputes and aligning expectations for bringing products to market.
Commercialization Matters. (a) Subject to Section 4.6, CRISPR will have sole and exclusive control over all matters relating to the Commercialization of the Licensed Products in the Field in the Territory, which may include (i) developing and executing a commercial launch and pre-launch plan; (ii) negotiating with applicable Governmental Authorities regarding the pricing and reimbursement status of the Licensed Products; (iii) marketing and promotion (including promotional materials); (iv) booking sales and distribution and performance of related services; (v) handling all aspects of order processing, invoicing and collection, inventory and receivables; (vi) providing customer support, including handling medical queries, and performing other related functions; and (vii) conforming its practices and procedures to Applicable Law relating to the marketing, detailing and promotion of the Licensed Products. CRISPR shall have the right, in its sole discretion, to appoint its Affiliates or any Distributor to distribute, market, offer for sale and sell the Licensed Products in the Field in the Territory.
(b) CRISPR will have sole and exclusive control over all matters relating to the selection of all trademarks used in connection with the Commercialization of any Licensed Product in the Field in the Territory and CRISPR or its designee(s) shall own all of such trademarks. Sirius will not use nor seek to register, anywhere in the Territory, any trademark that is confusingly similar to any trademark used by or on behalf of CRISPR, its Affiliates or Sublicensees in connection with any Licensed Product.
Commercialization Matters. B▇▇▇ agrees that, upon receipt of all requisite Regulatory Approvals in the Territory by the FDA of the first Single Agent Product, the First Commercial Sale of such Single Agent Product shall occur within [* * *] of such approval date, provided, however, if such First Commercial Sale is delayed as a result of a Force Majeure Event or multiple Force Majeure Events (including delays in obtaining supply of Product caused by or relating to [* * *] or such other Third Party contract manufacturer), such [* * *] period shall be extended for the duration of such Force Majeure Event(s). B▇▇▇ agrees that, following receipt of the Regulatory Approvals for the first Single Agent Product, the first Product to be launched in the Territory will be such Single Agent Product. In addition, VIRL agrees that, on [* * *], VIRL shall achieve the distribution target described in Schedule 3.3 hereto (the “Distribution Target”), provided that, if B▇▇▇ fails to achieve such Distribution Target, then the sole remedy for such failure by B▇▇▇ shall be the payment by B▇▇▇ to Eton of an amount equal to the Distribution Target Shortfall Payment within [* * *] of [* * *].
Commercialization Matters. (a) Prior to the POC Date, the parties, though their representatives on the JSC, shall be jointly responsible for resolving any matter concerning the commercialization of Products, including patient biopsy, sequencing, manufacturing, testing, disposition, storage, distribution, transportation, import, export, marketing, promotion and sales activities. Following the POC Date, Amgen shall have the sole right to, and shall bear all costs associated with, commercialization of the Products. Notwithstanding the preceding sentence, following the POC Date, Amgen shall periodically consult with, and consider in good faith any input provided by, Advaxis regarding commercialization matters.
Commercialization Matters. (a) During the Company Development Period, subject to the authority of the JPT with respect to Critical Matters, the parties shall discuss in good faith any material matter or issue relating to or affecting commercialization of the Products, including, but not limited to, matters relating to manufacturing. Following the CDM Date, Amgen shall have the sole right to, and shall bear all costs associated with, commercialization of the Products.
Commercialization Matters