Common use of Device Market Rights Clause in Contracts

Device Market Rights. Anxxxxxx xhall have the right to reference the Eton Product NDA or ANDA in an FDA registration of a medical drug/device combination (such combination, the “Anxxxxxx Xevice”) (a) which device component has received independent approval from the FDA to be sold within the United States and (b) which combination is not competitive with a Product sold alone; provided, however, that if any Anxxxxxx Xevice is sold by Anxxxxxx xr any related party or licensee which contains Product in any form or formulation for injectable administration, such Product shall be acquired and sourced only from Eton or its Affiliates or Licensees pursuant to a mutually accepted supply agreement at the then-current sale price for such Product.

Device Market Rights. Anxxxxxx xhall have the right to reference the Eton Product NDA or ANDA in an FDA registration of a medical drug/device combination (such combination, the “Anxxxxxx Xevice”) (a) which device component has received independent approval from the FDA to be sold within the United States and (b) which combination is not competitive with a Product sold alone; provided, however, that if any Anxxxxxx Xevice is sold by Anxxxxxx xr any related party or licensee which contains Product in any form or formulation for injectable administration, such Product shall be acquired and sourced only from Eton or its Affiliates or Licensees pursuant to a mutually accepted supply agreement at the then-current sale price prices for such Product.

Device Market Rights. Anxxxxxx xhall Andxxxxx xxall have the right to reference the Eton Product NDA or ANDA in an FDA registration of a medical drug/device combination (such combination, the “Anxxxxxx XeviceAndxxxxx Xxvice”) (a) which device component has received independent approval from the FDA to be sold within the United States and (b) which combination is not competitive with a Product sold alone; provided, however, that if any Anxxxxxx Xevice Andxxxxx Xxvice is sold by Anxxxxxx xr Andxxxxx xx any related party or licensee which contains Product in any form or formulation for injectable administration, such Product shall be acquired and sourced only from Eton or its Affiliates or Licensees pursuant to a mutually accepted supply agreement at the then-current sale price for such Product.

Device Market Rights. Anxxxxxx xhall Andxxxxx xxall have the right to reference the Eton Product NDA or ANDA in an FDA registration of a medical drug/device combination (such combination, the “Anxxxxxx XeviceAndxxxxx Xxvice”) (a) which device component has received independent approval from the FDA to be sold within the United States and (b) which combination is not competitive with a Product sold alone; provided, however, that if any Anxxxxxx Xevice Andxxxxx Xxvice is sold by Anxxxxxx xr Andxxxxx xx any related party or licensee which contains Product in any form or formulation for injectable administration, such Product shall be acquired and sourced only from Eton or its Affiliates or Licensees pursuant to a mutually accepted supply agreement at the then-current sale price prices for such Product.