Development and Commercialization of Products. Notwithstanding anything to the contrary contained herein, the parties hereto hereby acknowledge and agree, and each Noteholder and Beneficial Holder by its acceptance of its interest in the Notes is hereby deemed to acknowledge and agree, that neither the Transferor nor the Issuer shall have any obligation or liability with respect to the allocations of resources, scope, intensity and duration of efforts or decisions and judgments made in connection with development and commercialization (including acts or omissions that result in or increase the likelihood of, greater or lesser commercial success): (i) with respect to, or as among, any Products or (ii) as among any one or more Products, on the one hand, and any Excluded Products, other products or therapeutically active components, on the other hand.
Development and Commercialization of Products. Del Mar shall have sole discretion and responsibility, at its cost, for the performance and management of all activities associated with the development, manufacture and commercialization of Products by Del Mar, its Affiliates and Third Party licensees. Del Mar shall use Diligent Efforts to develop, manufacture and commercialize Products under this Agreement.
Development and Commercialization of Products. Subject to any early termination hereof prior to Transfer Date by either Party under Clause 10 hereof, Avedro shall have sole control, authority, and discretion over, and shall have the sole right to conduct, the research, development and commercialization of Products utilizing the Technology throughout the world.
Development and Commercialization of Products. Subject to the terms and conditions of this Agreement (including, without limitation, Section 5.2), Myriad shall control the worldwide development and commercialization of Products, including, but not limited to, the worldwide supply of Products for use in development and commercialization activities.
Development and Commercialization of Products. Notwithstanding anything herein to the contrary, as between the Parties from and after the Closing, MSB shall have the sole right to control and conduct the development, manufacture and commercialization of the Products as it deems appropriate in its sole discretion and there are no express or implied obligations with respect thereto.
Development and Commercialization of Products. To Licensor’s knowledge, there are no Patents, Know-How or other intellectual property owned by a Third Party and not included in the Licensed Technology that are necessary for the research, use, Development, sale, marketing, distribution, import, export and/or other Commercialization of any Product; and
Development and Commercialization of Products. Intrinsic will be responsible for leading all Development and Commercialization strategy and activities related to the use of the MO Therapeutic Products, including all costs associated with these activities, being the named sponsor for all regulatory submissions, and any business decisions related to advancing the MO Therapeutic Products to the market
Development and Commercialization of Products. Subsequent to Option exercise pursuant to Article 4, the Parties intend that the development and commercialization of each Product will be conducted by the Commercializing Party. Lilly, as between the Parties, shall have the sole right to Exploit Lilly Compounds and Lilly Products. NextCure, as between the Parties, shall have the sole right to Exploit NextCure Compounds and NextCure Products.
Development and Commercialization of Products. Acologix shall have responsibility for Development and Commercialization of Products in North America at its sole discretion and expense in accordance with this Article 4.
Development and Commercialization of Products. Subject to the terms and conditions of this Agreement, and except as otherwise provided with respect to Emisphere’s performance of its responsibilities under the Formulation-Development Program under Article 3, its preparation and maintenance of certain regulatory filings under Article 4, and its manufacturing responsibilities under Article 8, Genta shall control and be solely responsible for the worldwide development and commercialization of Products, at its sole cost and expense. Genta hereby agrees to establish and conduct the Clinical Program during the Clinical Term in accordance with the Clinical Plan and the timelines set forth therein. Genta shall own all data generated in the development and/or commercialization of Products other than data solely relating to Carriers (provided Genta shall have the right to access and use such Carrier-specific data as necessary to carry out the purposes of this Agreement).
