Common use of Development and Commercialization Diligence Clause in Contracts

Development and Commercialization Diligence. Xxxxxx shall use Commercially Reasonable Efforts during the Term to Develop Candidates and Commercialize Products in the Field and in the Territory. Without limiting the foregoing, Xxxxxx shall seek Regulatory Approvals for, and Commercialize, each Product in all of the Major Market Countries and in every other country in the Territory identified in the Marketing and Sales Plan. If Enanta at any time believes that Xxxxxx is not meeting its diligence obligations pursuant to this Section 4.3, Enanta may give written notice to Xxxxxx requesting written justification, in the form of detailed reasons, that would support the proposition that Xxxxxx is meeting such diligence obligations. In such event, Xxxxxx shall provide such written justification to Enanta within [*****] days after such notice is given. In the event that Enanta does not receive such justification within such [*****] day period or does not agree with such justification, then Enanta shall have the right, in its sole discretion, to pursue a declaration of breach and seek available remedies under Section 11.3.6 or any or all other rights or remedies that it may have under this Agreement, at law or in equity.