Development and Commercialization of Licensed Products. Except with respect to the activities being conducted by the Parties under the Research Programs and Optimization Programs, as between Licensee and Arvinas, following the first exercise of an Option for an Exclusive Target pursuant to Section 3.2 above, (i) Licensee shall have sole responsibility for, and bear all costs for, researching, developing and commercializing Licensed Products in the Field in the Territory; and (ii) subject to the obligations expressly set forth herein, Licensee shall have the sole right and authority to control all decisions related to the research, development and commercialization of Licensed Products in the Field in the Territory.
Development and Commercialization of Licensed Products. As between Licensee and Kineta,
5.1.1 Prior to Licensee’s exercise of the Option, Kineta shall (i) have sole responsibility for, bear all costs for, developing and commercializing Licensed Products; (ii) have the sole right and authority to control all decisions related to the research, development and commercialization of Licensed Products (excepting Licensee activities as outlined in the Research and Early Development Plan); (iii) perform its Research and Early Development Plan activities and provide the results of same to Licensee using Diligent Efforts; and (iv) deliver any other documents (including regulatory filings) that Licensee reasonably requests to exercise the Option and Kineta-Genentech Exclusive Option and License Agreement
5.1.2 Following Licensee’s exercise of the Option, (i) Licensee shall have sole responsibility for, bear all costs for, researching, developing and commercializing Licensed Products; and (ii) Licensee shall have the sole right and authority to control all decisions related to the research, development and commercialization of Licensed Products. Following Licensee’s exercise of the Option, Licensee agrees to use Diligent Efforts to research, develop and commercialize at least one Licensed Product within the Field in the Territory.
5.1.3 Following Licensee’s exercise of the Option, Kxxxxx shall use Diligent Efforts to complete the Technology Transfer as applicable.
Development and Commercialization of Licensed Products. Except with respect to the activities being conducted by the Parties under the Research Programs, as between GNE and Immunocore (i) GNE shall have sole responsibility for and bear all costs for, researching, developing and commercializing Licensed Products; and (ii) GNE shall have the sole right and authority to control all decisions related to the research, development and commercialization of Licensed Products. On an Exclusive Target-by-Exclusive Target basis, GNE agrees to use Diligent Efforts to research, develop and commercialize at least one Licensed Product that binds to an HLA-presented antigen derived from each Exclusive Target within the Field in the Territory.
Development and Commercialization of Licensed Products. Immune Design shall have the sole responsibility and the sole discretion to research, develop and commercialize Licensed GLA Product(s) in the Immune Design Exclusive Field and in the *** Field in that part of the Territory that is outside the IDRI Territory.
Development and Commercialization of Licensed Products. As between the Parties, Kxxxxx shall have sole control, authority, and discretion over the research, development, manufacture and commercialization of Licensed Products throughout the world, subject to Section 3.3. If Kxxxxx xxxxx any Licensed Product as part of a bundle, or as part of a combination therapy where Kxxxxx has the right to sell and set the price of the other component of the combination therapy, then Kineta shall not disproportionately discount, in a manner inconsistent with the relative value of the components of such combination therapy or bundle, the pricing of the Licensed Product relative to the other components. Kxxxxx shall not use any Licensed Product as a loss leader.
Development and Commercialization of Licensed Products. As between the Parties, Poseida shall have sole control, authority, and discretion over the research, development, manufacture and commercialization of Licensed Products in the Field in the Territory, subject to Section 3.3.
Development and Commercialization of Licensed Products. 8.1. TAISHO development TAISHO will use commercially reasonable efforts to develop, market and sell the Licensed Products, as prescription medications, in the Territory for the Indications and/or New Indications . Upon written notice to INSMED and after payment of the initial license fee and all milestone payments to INSMED as described in Articles 4.2. and 4.3. to this Agreement, TAISHO may, but is not obligated to, market the Licensed Products as non- prescription medications in the Territory.
Development and Commercialization of Licensed Products. 4.1. Know-How and Regulatory Filings. Pulmokine shall disclose to Licensee, at Pulmokine’s cost and expense, the Licensed Know-How as Controlled by Pulmokine as of the Effective Date, including all Scientific Information, Data and other Information related to the Compound, the Backup Compound, the Asthma Compounds, Biomarkers and Licensed Products. Subject at all times to Section 15.7, Pulmokine shall transfer all Regulatory Filings existing as of the Effective Date for the Compound, Backup Compound, Asthma Compounds, Biomarkers and Licensed Products in the Licensed Product Field in the Territory to Licensee. All Licensed Know-How required to be disclosed and all Regulatory Filings required to be transferred under this Section 4.1 shall be the Confidential Information of Licensee.
Development and Commercialization of Licensed Products. 4.1 Responsibility for Development; Diligence.
(a) Selection of Development Candidates and Back-Up Development Candidates. Based upon the criteria set forth in Schedule 1.14 and the criteria it develops under Section 1.3, the JSC shall review all data relating to the Collaboration Compounds and shall identify appropriate Collaboration Compounds for recommendation to Schering for selection as Development Candidates and Back-Up Development Candidates. It is understood and agreed that, subject to the provisions of Section 4.1(d), all decisions regarding the designation of Development Candidates and Back-Up Development Candidates shall be made by Schering in its sole discretion; provided, however, Schering agrees to make such decisions in good faith based upon its then-current internal decision-making standards and processes. Upon the designation of any Collaboration Compound by Schering as a Development Candidate or Back-Up Development Candidate, Schering shall promptly notify PTC in writing. In addition, for the avoidance of doubt, the first Highly Active Collaboration Compound EXECUTION VERSION (or NV Compound designated as a Schering Field NV Compound pursuant to this Section 4.1(a)) for which Schering commences GLP toxicology studies intended to support submission of an IND shall be deemed to be a Development Candidate, and the second Highly Active Collaboration Compound (or NV Compound designated as a Schering Field NV Compound pursuant to this Section 4.1(a)) for which Schering commences GLP toxicology studies intended to support submission of an IND shall be deemed to be a Back-Up Development Candidate. In addition to selecting Highly Active Collaboration Compounds for Development as Schering Viral Products, it is understood that Schering shall also have the right at any time to designate one or more NV Compounds for Development as Schering Viral Products in the Viral Field; provided that Schering shall not make any such designation unless it (1) has a good faith intention to Develop and Commercialize such NV Compound in the Viral Field, and (2) has provided PTC with data supporting its designation, together with a written research plan describing Schering's planned initial Research regarding such compound, which research plan is consistent with a commitment by Schering to initiate [**] (or a later downstream Research or Development activity) with respect to such compound (or a Related Compound) within [**] of the date of such designation by Schering. ...
Development and Commercialization of Licensed Products. As between the Parties, Licensee (itself and with its Affiliates and Sublicensees) shall have sole right and responsibility, and ultimate decision-making authority, at its sole cost and expense, for conducting or having conducted development activities, regulatory activities (including, without limitation, filing for and obtaining Regulatory Approval, as applicable), manufacturing activities and commercialization activities in the Field of Use in the Licensed Territories with respect to any Licensed Products, in accordance with the terms and conditions of this Agreement. As between the Parties, Licensee (or its Affiliate or Sublicensee) shall hold legal title to all Regulatory Materials with respect to Licensed Products within the Licensed Territories.
