COVENANT NOT TO LAUNCH COMPETITIVE PRODUCT Sample Clauses

COVENANT NOT TO LAUNCH COMPETITIVE PRODUCT. In consideration for the rights granted and sums paid pursuant to this Agreement, neither party shall, during the term of this Agreement, conduct, fund, license or participate in, directly or indirectly through one or more third parties, the development, distribution or commercialization in any country, of any transdermal patch containing a dopamine receptor agonist as an active ingredient for use in the Field other than the Licensed Products.
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COVENANT NOT TO LAUNCH COMPETITIVE PRODUCT. (a) CollaGenex hereby covenants and shall cause its Affiliates to agree not to develop, in-license, market, sell, distribute or have marketed, have sold or have distributed any Competitive Product in the Territory during the Term without the prior written approval of Atrix, such approval not to be unreasonably withheld. Notwithstanding the foregoing, if CollaGenex or any Affiliate acquires an entity or all or substantially all of the assets of an entity and such entity distributes or such assets include a Competitive Product, CollaGenex or such Affiliate shall have 120 days in which to divest itself of such Competitive Product or to otherwise cease distribution of such Competitive Product, and CollaGenex shall not be in breach of this Section 14.01 if it or the Affiliate, as the case may be, so divests or ceases distribution within such 120 day period;
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COVENANT NOT TO LAUNCH COMPETITIVE PRODUCT. Nycomed hereby covenants for a period of five (5) years from the First Commercial Sale of the Product and for any subsequent period in which the exclusive purchasing arrangement provided for in Section 6.01 has been renewed, that neither it nor its Affiliates shall out-license, commercialize, market, sell, distribute or have marketed, have sold or have distributed any Competitive Product in any Jurisdiction in which Nycomed retains a license granted by Acusphere under Article III during the Term. Notwithstanding the foregoing, if Nycomed or any Affiliate acquires an entity or all or substantially all of the assets of an entity and such entity distributes a Competitive Product or such assets include a Competitive Product, or if Nycomed is acquired by such entity (whether by merger, sale of assets or otherwise) Nycomed or its successor shall be required to notify Acusphere within 30 days after such acquisition whether it intends to divest itself of such Competitive Product. If it chooses not to divest the Competitive Product, then Acusphere shall have the right to terminate this Agreement immediately upon notice to Nycomed or its successor, with the same effect as a termination under Section 18.02. If Nycomed or its successor chooses to divest itself of such Competitive Product, it shall use best efforts to do so within one hundred and twenty (120) days after such notice, and if it is unsuccessful in so divesting the Competitive Product it shall promptly wind down all marketing, sales and distribution of such Competitive Product, such that within 180 days of such notice it shall no longer sell or distribute such Competitive Product.
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COVENANT NOT TO LAUNCH COMPETITIVE PRODUCT. (a) Sanofi-Synthelabo hereby covenants and shall cause its Affiliates to agree not to out-license, commercialize, market, sell, distribute or have marketed, have sold or have distributed any Competitive Product in any country in the Territory in which Sanofi-Synthelabo retains a license granted by Atrix under Article III during the Term. Notwithstanding the foregoing, if Sanofi-Synthelabo or any Affiliate acquires an entity or all or substantially all of the assets of an entity and such entity distributes a Competitive Product or such assets include a Competitive Product, Sanofi-Synthelabo or such Affiliate shall have one hundred and eighty (180) days in which to divest itself of such Competitive Product or to otherwise cease marketing, sales and distribution of such Competitive Product, and Sanofi-Synthelabo shall not be in breach of this Section 16.01 if it or the Affiliate, as the case may be, so divests or ceases marketing, sales and distribution within such one hundred and eighty (180) day period;
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COVENANT NOT TO LAUNCH COMPETITIVE PRODUCT. (a) Geneva and Atrix hereby covenant and shall cause its sublicensees of the Products to agree not to develop, in-license, market, sell, distribute or have marketed, have sold or have distributed any Competitive Product in the Territory during the Term. Notwithstanding the foregoing, if either Party acquires an entity or all or substantially all of the assets of an entity and such entity distributes or such assets include a Competitive Product, or either Party's sublicensee distributes a Competitive Product, such Party or such sublicensee shall use its commercially reasonable best efforts to divest itself of such Competitive Product or to otherwise cease distribution of such Competitive Product within one-hundred and twenty (120) days (subject to any binding commitments to customers), and such Party shall not be in breach of this Section 13.01 if it or the sublicensee, as the case may be, so divests or ceases distribution within such one-hundred and twenty (120) day period;
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Related to COVENANT NOT TO LAUNCH COMPETITIVE PRODUCT

  • Competitive Products Competitive Products" means products that serve the same function as, or that could be used to replace, products the Company provided to, offered to, or was in the process of developing for a present, former, or future possible customer/partner at any time during the twelve (12) months immediately preceding the last day of Participant's employment (or at any time during Participant's employment if Participant was employed for less than 12 months), with which Participant had direct responsibility for the sale or development of such products or managing those persons responsible for the sale or development of such products.

  • Generic Competition If a Licensed Product is sold in a country where a product that is an AB Rated Product with respect to such Licensed Product is sold or marketed by a Third Party pursuant to a regulatory approval for the commercial sale and marketing thereof for human therapeutic or prophylactic use in such country, then the royalty rate applicable under Section 5.1(g)(i) to Net Sales of such Licensed Product in such country shall be reduced to [*] percent ([*]%) of the rate originally stated therein (i.e., reduced to [*]%, [*]%, or [*]%, depending on worldwide Net Sales), effective with respect to all Net Sales of such Licensed Product in such country occurring on or after the first day of the first calendar month following the month during which such AB Rated Product is first sold in such country.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Competitive Activities For purposes of the Agreement, to which this Exhibit B is attached, “Competitive Activities” means any activities relating to products or services of the same or similar type as the products or services (1) which were or are sold (or, pursuant to an existing business plan, will be sold) to paying customers of the Company or any Related Company, and (2) for which you have any direct or indirect responsibility or any involvement to plan, develop, manage, market, sell, oversee, support, implement or perform, or had any such responsibility or involvement within your most recent 24 months of employment with the Company or any Related Company. Notwithstanding the previous sentence, an activity shall not be treated as a Competitive Activity if the geographic marketing area of such same or similar products or services does not overlap with the geographic marketing area for the applicable products and services of the Company or any Related Company.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

  • LICENSE TERM A. Except as otherwise provided herein, the license granted by this Agreement shall remain in effect for a period of one (1) year and shall be automatically extended for additional one (1) year periods unless terminated pursuant to the provisions herein.

  • Covenant Not to Compete or Solicit (a) The Executive recognizes that the services to be performed by him hereunder are special, unique and extraordinary. The parties confirm that it is reasonably necessary for the protection of the Corporation that the Executive agree, and accordingly, the Executive does hereby agree, that he shall not, directly or indirectly, at any time during the “Restricted Period” within the “Restricted Area” (as those terms are defined in Section 10(e) below):

  • Licensed Territory Worldwide NIH Patent License Agreement—Exclusive APPENDIX C – ROYALTIES Royalties:

  • Exclusivity Period During the Exclusivity Period each Party shall:

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