Common use of Control Over Advertising and Detailing Clause in Contracts

Control Over Advertising and Detailing. (a) Neither Party shall engage in any Advertising or use any label, package, literature or other written material (other than General Public Relations (to be defined in the Co-Promotion Agreement) in connection with a Co-Promoted Product in the Co-Promotion Territory, unless the specific form and content thereof is approved by the JDCC. (b) General Public Relations on the part of either Party need to be approved by the JDCC, and all representations and statements pertaining to Co-Promoted Products that appear in General Public Relations of Enanta or Xxxxxx and include subject matter not previously approved by the JDCC shall be subject to the approval of the JDCC. (c) All Advertising and Detailing undertaken by either Party hereto shall be undertaken in good faith with a view towards maximizing the sales of the applicable Co-Promoted Product. (d) Except with the prior written consent of the other Party, neither Party shall use the name of the other Party or any Affiliate of the other Party in Advertising, Detailing or General Public Relations. (e) Xxxxxx shall have the sole responsibility for (i) deciding on pricing and for obtaining all pricing approvals as may be required for all Co-Promoted Products, (ii) conducting all billing and collections for Co-Promoted Products; and (iii) overseeing and implementing all other reimbursement matters but shall, in all such cases, consult with, and reasonably consider the views of, the JDCC with respect to the foregoing. (f) Xxxxxx shall have sole responsibility for arranging for the distribution and warehousing of Co-Promoted Products. (g) Neither Party shall engage in any Advertising or use any label, package, literature or other written material (other than General Public Relations) in connection with a Co-Promoted Product unless the specific form and content thereof is approved by the JDCC. Without the prior written consent of the other party, no Party shall use the name of the other Party or any Affiliate of the other Party in General Public Relations.

Control Over Advertising and Detailing. (a) [***] shall be responsible for the creation, preparation, production and reproduction of all promotional materials, as approved by the JCC pursuant to procedures and timelines to be mutually agreed upon, consistent with the Product Commercialization Plan for the [***],. The JCC shall determine which Party shall be responsible for such activities for [***] other than [***]. [***] will file all Product promotional materials with the FDA. (b) Neither Party shall engage in any Advertising or use any label, package, literature or other written material (other than General Public Relations (to be defined in the Co-Promotion AgreementRelations) in connection with a Co-Promoted Product in the Co-Promotion Territory, unless the specific form and content thereof is approved by the JDCCJCC. (bc) General Public Relations on the part of either Party need to not be approved by the JDCCJCC, and but all representations and statements pertaining to Co-Promoted Products that appear in General Public Relations of Enanta ARIAD or Xxxxxx MERCK and include subject matter not previously approved by the JDCC JCC shall be subject to the approval of the JDCCJCC. (cd) All Advertising and Detailing undertaken by either Party hereto shall be undertaken in good faith with a view towards maximizing the sales of the applicable Co-Promoted Product. (de) Except with the prior written consent of the other Party, neither Party shall use the name of the other Party or any Affiliate of the other Party in Advertising, Detailing or General Public RelationsRelations except in materials approved by the JCC. (ef) Xxxxxx shall have the sole responsibility [***] for (i) deciding on pricing and Pricing. [***] for obtaining all pricing approvals as may be required for all Co-Promoted Products, (ii) conducting all billing and collections for Co-Promoted Products; and (iii) overseeing and implementing all other reimbursement matters but shall, in all such cases, consult with, and reasonably consider the views of, the JDCC with respect to the foregoing. (fg) Xxxxxx [***] shall have sole responsibility for arranging for the distribution and warehousing of Co-Promoted Products. (gh) Neither Each Party shall engage in any Advertising or use any label, package, literature or other written material (other than General Public Relations) in connection with a Co-Promoted Product unless the specific form and content thereof is approved by the JDCC. Without the prior written consent of the other party, no Party shall use the name of annually certify to the other Party or any Affiliate of that its field sales force (including persons responsible for managing the other Party in General Public Relationsfield sales force) is properly trained with respect to both Product information and compliance with Applicable Laws.

Control Over Advertising and Detailing. (a) Neither Party shall engage in any Advertising or use any label, package, literature or other written material (other than General Public Relations (to be defined in the Co-Promotion Agreement) in connection with a Co-Promoted Product in the Co-Promotion Territory, unless the specific form and content thereof is approved by the JDCC. (b) General Public Relations on the part of either Party need to be approved by the JDCC, and all representations and statements pertaining to Co-Promoted Products that appear in General Public Relations of Enanta or Xxxxxx Abbott and include subject matter not previously approved by the JDCC shall be subject to the approval of the JDCC. (c) All Advertising and Detailing undertaken by either Party hereto shall be undertaken in good faith with a view towards maximizing the sales of the applicable Co-Promoted Product. (d) Except with the prior written consent of the other Party, neither Party shall use the name of the other Party or any Affiliate of the other Party in Advertising, Detailing or General Public Relations. (e) Xxxxxx shall have the sole responsibility for (i) deciding on pricing and for obtaining all pricing approvals as may be required for all Co-Promoted Products, (ii) conducting all billing and collections for Co-Promoted Products; and (iii) overseeing and implementing all other reimbursement matters but shall, in all such cases, consult with, and reasonably consider the views of, the JDCC with respect to the foregoing. (f) Xxxxxx Abbott shall have sole responsibility for arranging for the distribution and warehousing of Co-Promoted Products. (g) Neither Party shall engage in any Advertising or use any label, package, literature or other written material (other than General Public Relations) in connection with a Co-Promoted Product unless the specific form and content thereof is approved by the JDCC. Without the prior written consent of the other party, no Party shall use the name of the other Party or any Affiliate of the other Party in General Public Relations.

Control Over Advertising and Detailing. (a) Neither Party shall engage in any Advertising or use any label, package, literature or other written material (other than General Public Relations (to be defined in the Co-Promotion Agreement) in connection with a Co-Promoted Product in the Co-Promotion Territory, unless the specific form and content thereof is approved by the JDCC. (b) General Public Relations on the part of either Party need to be approved by the JDCC, and all representations and statements pertaining to Co-Promoted Products that appear in General Public Relations of Enanta or Xxxxxx and include subject matter not previously approved by the JDCC shall be subject to the approval of the JDCC. (c) All Advertising and Detailing undertaken by either Party hereto shall be undertaken in good faith with a view towards maximizing the sales of the applicable Co-Promoted Product. (d) Except with the prior written consent of the other Party, neither Party shall use the name of the other Party or any Affiliate of the other Party in Advertising, Detailing or General Public Relations. (e) Xxxxxx shall have the sole responsibility for (i) deciding on pricing and for obtaining all pricing approvals as may be required for all Co-Promoted Products, (ii) conducting all billing and collections for Co-Promoted Products; and (iii) overseeing and implementing all other reimbursement matters but shall, in all such cases, consult with, and reasonably consider the views of, the JDCC with respect to the foregoing.. B4915206.2 (f) Xxxxxx shall have sole responsibility for arranging for the distribution and warehousing of Co-Promoted Products. (g) Neither Party shall engage in any Advertising or use any label, package, literature or other written material (other than General Public Relations) in connection with a Co-Promoted Product unless the specific form and content thereof is approved by the JDCC. Without the prior written consent of the other party, no Party shall use the name of the other Party or any Affiliate of the other Party in General Public Relations.