Common use of Commercialization of Female Products Clause in Contracts

Commercialization of Female Products. Subject to Palomar’s obligations as set forth in Section 2.2, during the Exclusivity Period, Xxxxxxxx shall have the sole right to commercialize, Manufacture or have Manufactured, distribute and sell the Female Product(s). The parties acknowledge and agree that all commercialization decisions, including decisions relating to which, if any, of the Palomar Technology, Joint Technology or Xxxxxxxx Technology shall be incorporated in, or used to Manufacture, Female Products, and Xxxxxxxx’x Exploitation and pricing of the Female Products, shall be within the sole discretion of Xxxxxxxx. Subject to Section 3.1, Xxxxxxxx reserves the right to determine the Product Specifications for Female Product(s) that Xxxxxxxx commercializes. Palomar acknowledges that Xxxxxxxx is in the business of researching, developing, Manufacturing, marketing and selling consumer products and nothing in this Agreement shall be construed as imposing on Xxxxxxxx the duty to Exploit or otherwise commercialize any Female Product for which payments are due hereunder to the exclusion of, or in preference to, any other Xxxxxxxx product.

Commercialization of Female Products. Subject to Palomar’s obligations as set forth in Section 2.2, during the Exclusivity Period, Xxxxxxxx shall have the sole right to commercialize, Manufacture or have Manufactured, distribute and sell the Female Product(s). The parties acknowledge and agree that all commercialization decisions, including decisions relating to which, if any, of the Palomar Technology, Joint Technology or Xxxxxxxx Technology shall be incorporated in, or used to Manufacture, Female Products, and Xxxxxxxx’x Exploitation and pricing of the Female Products, shall be within the sole discretion of Xxxxxxxx. Subject to Section 3.1, Xxxxxxxx reserves the right to determine the Product Specifications for Female Product(s) that Xxxxxxxx commercializes. Palomar acknowledges that Xxxxxxxx is in the business of researching, developing, Manufacturing, marketing and selling consumer products and nothing in this Agreement shall be construed as imposing on Xxxxxxxx the duty to Exploit or otherwise commercialize any Female Product for which payments are due hereunder to the exclusion of, or in preference to, any other Xxxxxxxx product.. (ii)

Commercialization of Female Products. Subject to Palomar’s obligations as set forth in Section 2.2, during the Exclusivity Period, Xxxxxxxx Gxxxxxxx shall have the sole right to commercialize, Manufacture or have Manufactured, distribute and sell the Female Product(s). The parties acknowledge and agree that all commercialization decisions, including decisions relating to which, if any, of the Palomar Technology, Joint Technology or Xxxxxxxx Gxxxxxxx Technology shall be incorporated in, or used to Manufacture, Female Products, and Xxxxxxxx’x Gxxxxxxx’x Exploitation and pricing of the Female Products, shall be within the sole discretion of XxxxxxxxGxxxxxxx. Subject to Section 3.1, Xxxxxxxx Gxxxxxxx reserves the right to determine the Product Specifications for Female Product(s) that Xxxxxxxx Gxxxxxxx commercializes. Palomar acknowledges that Xxxxxxxx Gxxxxxxx is in the business of researching, developing, Manufacturing, marketing and selling consumer products and nothing in this Agreement shall be construed as imposing on Xxxxxxxx Gxxxxxxx the duty to Exploit or otherwise commercialize any Female Product for which payments are due hereunder to the exclusion of, or in preference to, any other Xxxxxxxx Gxxxxxxx product.