Commercialization Obligations of BMS Sample Clauses

Commercialization Obligations of BMS. Subject to the provisions of this Agreement, including the obligations of Otsuka specified in the following sentence, BMS shall be and remain responsible, at its sole cost, for Commercializing Product throughout the United States and the European Union for and on behalf of Otsuka; in doing so, BMS shall-without limiting its diligence obligations under Section 5.10 - implement the strategies, Marketing Plans and other decisions and directives of the JCC. Except for Otsuka’s specific obligations with respect to Product development described in Section 4, supply and packaging described in Section 5.11, and the Co-Promotion responsibilities Otsuka may elect to undertake in accordance with Section 5.3.3, BMS shall be obligated to provide - in close collaboration with Otsuka and for and on behalf and in the name, of Otsuka, but at BMS’s sole cost and expense - all other services relating to the development, regulatory compliance and Commercialization of Product, including (without limitation): all government mandated reimbursement pricing; forecasting and ordering of Product; inventory management and control; warehousing and distribution of Product; recordation of sales; invoicing; collection of receivables; sales reports; customer relations and services; preparation of advertising and promotional materials and implementation of marketing and promotional activities and strategies; preparation of training materials and conduct of training sessions; pharmacovigilance; post-marketing surveillance (including adverse event reporting); product recall; and response to regulatory and health authority inquiries and investigations. All such services shall be under the direction of the PDC or the JCC, as appropriate. In addition to Otsuka’s participation on the PDC and the JCC and their subcommittees, and as described in greater detail in Section 5.7, Otsuka shall be closely involved with BMS at all stages of the development, regulatory and Commercialization process and BMS’s provision of the above-described services, including BMS’s internal meetings (subject to the clarification in Section 5.7) relating directly to Product development issues, regulatory issues, strategizing regarding pricing issues (pertaining to pricing in countries in the Territory where the parties’ discussion of pricing is legally permissible), marketing and promotion, and preparation of Marketing Plans and budgets and the implementation thereof. * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTI...
Sample 1
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Related to Commercialization Obligations of BMS

  • Duration of Royalty Obligations The royalty obligations of Licensee as to each Product shall terminate on a country-by-country and product-by-product basis concurrently with the expiration of:

  • Obligations of Licensee 2.1 Licensee is responsible for the quality and safety of its products.

  • Royalty Obligations Part 2.7(e) of the Disclosure Schedule contains a complete and accurate list and summary of all royalties, fees, commissions, and other amounts payable by the Seller to any Person (other than sales commissions paid to employees according to the Seller’s standard commissions plan) upon or for the sale, or distribution of any Seller Product or the use of any Seller IP.

  • Mitigation Obligations If Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or to any Governmental Authority for the account of any Lender pursuant to Section 5.01 or this Section 5.03, then such Lender shall (at the request of Borrower) use commercially reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign and delegate its rights and obligations hereunder to another of its offices, branches or Affiliates if, in the sole reasonable judgment of such Lender, such designation or assignment and delegation would (i) eliminate or reduce amounts payable pursuant to Section 5.01 or this Section 5.03, as the case may be, in the future, (ii) not subject such Lender to any unreimbursed cost or expense and (iii) not otherwise be disadvantageous to such Lender. Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender in connection with any such designation or assignment and delegation.

  • Commercialization Activities Within North America, the Parties will use Commercially Reasonable Efforts to Commercialize Licensed Products in the Field. In addition, within North America and subject to Section 2.7.6, the Parties will use Commercially Reasonable Efforts to conduct the Commercialization activities assigned to them pursuant to the Commercialization Plan/Budget, including the performance of detailing in accordance therewith. In conducting the Commercialization activities, the Parties will comply with all Applicable Laws, applicable industry professional standards and compliance policies of Celgene which have been previously furnished to Acceleron, as the same may be updated from time to time and provided to Acceleron. Neither Party shall make any claims or statements with respect to the Licensed Products that are not strictly consistent with the product labeling and the sales and marketing materials approved for use pursuant to the Commercialization Plan/Budget.

  • Commercialization Efforts The RECIPIENT shall, including whether through its own efforts or the efforts of a licensee under a License Agreement allowed by the terms of this Attachment, use diligent and commercially reasonable efforts to commercialize at least one Commercial Product or Commercial Service or otherwise bring to practical application the Project Results in accordance with the commercial development plan submitted with the Application and including any changes to such commercial development plan in accordance with Section D3.01. For the avoidance of doubt, partnering or licensing activities shall be considered to be efforts to commercialize.

  • Commercialization Diligence Upon receipt of the Marketing Authorization for a Licensed Product in the Field in a given Region in the Territory, Lian (directly, or through its Affiliates, Sublicensees or contractors) will use Commercially Reasonable Efforts to Commercialize such Licensed Product in the Field in such Region in the Territory. Lian will have sole decision-making authority and discretion with respect to Commercializing the Licensed Product in the Field in the Territory. [***].

  • Development of Products (a) During the term of this Agreement, ViewRay may from time to time seek services from PEKO with respect to the development of certain Products that can be incorporated into the ViewRay Renaissance™ MRI-guided radiation therapy system. For each Program to be undertaken by PEKO pursuant to this Agreement, the parties will prepare a “Work Statement” and agree to said “Work Statement” in substantially the form attached as Attachment 1. Each Work Statement will describe: (i) the (i) services that PEKO will be responsible for providing to ViewRay and the deliverables that PEKO will be responsible for delivering to ViewRay (“Deliverable(s)”), (ii) delivery schedule for the Deliverables, (iii) pricing terms, (iv) work plan for the Program, and (v) ViewRay’s responsibilities in connection with the Program. Each Work Statement will be prepared based upon the requirements and information provided to PEKO by ViewRay. A separate Work Statement will be required for each Program; and each Work Statement will become subject to this Agreement only when mutually agreed and signed by ViewRay and PEKO.

  • Development Activities NovaDel shall not be required to commence any Development Activities until Licensee has paid at least twenty-five percent (25%) of the non-refundable License Fee described in Section 4.4.

  • Obligations of Both Parties Obligations of Party A:

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