Commercialization Obligations. 4.1 LICENSEE intends to use, or to cause its Sublicensees to use, commercially reasonable and diligent efforts to bring one or more LICENSED PRODUCTS, LICENSED PROCESSES and LICENSED SERVICES to market through an active and diligent program for exploitation of the PATENT RIGHTS and KNOW-HOW and to continue active, diligent marketing efforts for one or more LICENSED PRODUCTS, LICENSED PROCESSES and LICENSED SERVICES throughout the life of this Agreement. LICENSEE makes no representation, guaranty, or warranty that it or its Sublicensees will be successful in developing or bringing to market any LICENSED PRODUCT, LICENSED PROCESS or LICENSED SERVICES.
Commercialization Obligations. (a) Without limiting any other provision of this Agreement ACADIA (or its Affiliate or Sub-Licensee, as applicable) shall be solely responsible for:
Commercialization Obligations. Licensee shall use Commercially Reasonable Efforts: (a) to Commercialize the Licensed Product in each country in the Licensee Territory where conducting such activities would be Commercially Reasonable; and (b) without limitation to the foregoing, within ninety (90) days after obtaining all Regulatory Approvals necessary in such a country in the Licensee Territory for the Commercialization of the Licensed Product for the Initial Indication or any Additional Indication that is the subject of a Follow Up Registrational Study, to commence Commercialization of the Licensed Product in such country. Licensee shall allocate sufficient time, effort and skilled personnel to achieve the objectives of the Commercialization Plan and each Country Commercialization Plan.
Commercialization Obligations. (a) Purdue shall use Commercially Reasonable Efforts to cause the First Commercial Sale of Licensed Product to occur as soon as reasonably practicable following Marketing Authorization Transfer, subject to, without limitation, BDSI’s ability to supply Licensed Product in a timely manner therefor under the Supply Agreement, and Purdue shall use Commercially Reasonable Efforts to Commercialize Licensed Products in the Territory, *** and (ii) a Commercially Reasonable initial commercial and promotional launch of the Licensed Product and post-launch marketing and promotion thereof. As between the Parties, Purdue, at its own expense, will be responsible for all of its Commercialization activities in the Territory. Except as otherwise explicitly provided in this Agreement, and without limitation of Purdue’s obligations above under this Section 5.01(a), Purdue shall determine, in its sole discretion, all aspects of the Commercialization activities and be responsible for market access for Licensed Products in the Territory.
Commercialization Obligations. Xx. Xxxx and its Affiliates and Sublicensees shall use commercially reasonable efforts to commercialize each Licensed Product in each country in the Territory while Targacept and its Affiliates and Sublicensees shall use commercially reasonable efforts to commercialize each Licensed Product in the United States and Japan. In each case, such commercially reasonable efforts shall not be less than those used by a Party with respect to the commercialization of its own products of comparable commercial significance, however, Xx. Xxxx may elect not to commercialize a Licensed Product in any country in the Territory and Targacept may elect to delay commercialization of a Licensed Product in the United States or Japan for sound business or commercial reasons by providing prompt written notice of such election, together with a detailed explanation of the Party’s reasoning, to the JRDT.
Commercialization Obligations. 6.2.1 Upon receipt of the Marketing Authorization with respect to each Product and/or Optional Product, subject to the terms of this Agreement, the Parties shall use Commercially Reasonable Efforts to Commercialize and Manufacture for commercial supply such Product and/or Optional Product to the extent provided for, and in accordance with, the relevant marketing plan and approved budget. Each Party shall have the right to satisfy its diligence obligations under this Clause 6.2.1 through its Affiliates and permitted Third Parties, as the case may be.
Commercialization Obligations. Licensee shall use Commercially Reasonable Efforts to Commercialize the Licensed Products in the U.S., Europe, China, Japan, and in each other country within the Licensee Territory where Commercializing the Licensed Products would be Commercially Reasonable.
Commercialization Obligations. (a) Yakult shall use Commercially Reasonable Efforts: (i) to Commercialize the Licensed Product in Japan; and (ii) without limitation to the foregoing, within ninety (90) days after the date that the price is publicly listed for the first time for the Licensed Product for the Initial Indication or any Additional Indication in Japan, to launch the Licensed Product in Japan. For purposes of this Section 4.1.2, “launch” shall mean the date of the first commercial sale of the Licensed Product in Japan. Yakult shall allocate sufficient time, effort and skilled personnel to achieve the foregoing obligations.
Commercialization Obligations. Upon the receipt of the Regulatory Approvals for any Licensed Product in the Field in the Territory, Licensee (directly, or through its Affiliates and Permitted Sublicensees) shall use Commercially Reasonable Efforts to Commercialize the Licensed Product in the Field in the Territory. Unless otherwise agreed in writing by the Parties, Licensee shall be solely responsible for Commercializing the Licensed Product in the Field in the Territory at its own costs and expenses. Licensee and its Affiliates and Permitted Sublicensees shall perform Commercialization obligations under this Agreement in compliance with all Applicable Laws.
Commercialization Obligations. QIAGEN shall, and shall be responsible to, manufacture and Commercialize or have manufactured and Commercialized by an authorized subcontractor the QIAGEN IVD according to the terms and conditions herein. Within the timeframe set forth in the relevant Project Schedule, QIAGEN shall prepare and the Parties (acting through the JSC) shall agree upon commercialization activities relating to the launch, marketing and sale of the QIAGEN IVD in the Markets in accordance with its customary commercial practices, and QIAGEN shall be responsible to manufacture and Commercialize or have manufactured and commercialized the QIAGEN IVD and to supply all other components in the QIAGEN IVD Platform according to such Commercialization activities and its customary commercial practices for a product of a similar net present value and potential market value in the Markets identified in a Project Schedule. At least [***] prior to the commercial launch of the Blueprint Product in a given Market, QIAGEN shall use Commercially Reasonable Efforts: (a) to ensure the [***] availability of the QIAGEN IVD Platform for purchase in the Markets for use in connection with the initiation and ongoing treatment of patients with the Blueprint Product in accordance with forecasts to be provided by Blueprint and (b) to seek any necessary reimbursement approvals for the QIAGEN IVD from Governmental Authorities and other third party payors in each of the [***] (provided that [***]). With respect to each [***], QIAGEN shall at all times keep the QIAGEN IVD commercially available if the labelling for the Blueprint Product in such [***] requires that an IVD be administered to a potential patient prior to a physician prescribing the applicable Blueprint Product. With respect to any Market that is not a [***], QIAGEN shall provide Blueprint with [***] written notice prior to the anticipated Confidential and Proprietary Information of Blueprint and QIAGEN *** Text Omitted and Filed Separately with the Securities and Exchange Commission Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 230.406 commercial launch of the Blueprint Product in the event that QIAGEN reasonably determines that it is not commercially reasonable to Commercialize the QIAGEN IVD in such Market, which notice shall include a detailed summary of the basis therefor. During such [***] period, QIAGEN shall use Commercially Reasonable Efforts to procure alternative channels of distribution and make available or pr...
