Definition of Competitive Product. “Competitive Product” means any product or component thereof, product line, or service that has been designed or is being designed, developed, manufactured, marketed, or sold by anyone other than Company and is: (i) of the same general type, (ii) performs similar functions, (iii) is used for the same purposes as a Company product; and/or (iv) competes for the same customers and/or patients with any product, process, or service that Company markets or is developing to market.
Appears in 2 contracts
Samples: Employment Agreement (Ev3 Inc.), Non Competition and Non Solicitation Agreement (Ev3 Inc.)
Definition of Competitive Product. For purposes of this Section 2.4, “Competitive Product” means any product or component thereof, product line, or service that has been designed or is being designed, developed, manufactured, marketed, or sold by anyone other than Company and is: (i) with respect to the Cardiovascular Product, a pharmaceutical product comprising any stem cell(s) or MPC(s) being developed or commercialized for use in any of the same general type, following indications in humans: [***] (ii) performs similar functionswith respect to CNS Products, a pharmaceutical product comprising any [***], and (iii) is used for with respect to the same purposes as Expanded HPCs, a Company product; and/or (iv) competes for the same customers and/or patients with pharmaceutical product comprising any product, process, or service that Company markets or is developing to market[***].
Appears in 2 contracts
Samples: Development and Commercialization Agreement (Mesoblast LTD), Development and Commercialization Agreement (Mesoblast LTD)
Definition of Competitive Product. For purposes of this Section 2.4, “Competitive Product” means any product or component thereof, product line, or service that has been designed or is being designed, developed, manufactured, marketed, or sold by anyone other than Company and is: (i) with respect to the Cardiovascular Product, a pharmaceutical product comprising any stem cell(s) or MPC(s) being developed or commercialized for use in any of the same general type, following indications in humans: [**] (ii) performs similar functionswith respect to CNS Products, a pharmaceutical product comprising any[**] and (iii) is used for with respect to the same purposes as Expanded HPCs, a Company product; and/or (iv) competes for the same customers and/or patients with pharmaceutical product comprising any product, process, or service that Company markets or is developing to market[**].
Appears in 1 contract
Samples: Development and Commercialization Agreement (Cephalon Inc)
Definition of Competitive Product. “Competitive Product” means any product or component thereof, product line, or service that has been designed or is being designed, developed, manufactured, marketed, or sold by anyone other than Company and is: (i) of the same general type, (ii) performs similar functions, and/or (iii) is used for the same purposes or similar purposes, and/or to achieve similar results, as a Company product; and/or (iv) competes for the same customers and/or patients with any product, process, or service that Company markets or is developing to market.
Appears in 1 contract
Samples: Employment Agreement (Ev3 Inc.)