Diligence in Commercialization. During the period commencing with the receipt of Regulatory Approval by a Party or sub licensee for Products in a given country, such Party shall, and shall ensure that its Affiliates and sub licensees shall, use its or their best efforts, including funding consistent with such efforts, to promote, market and sell such Products in such country.
Diligence in Commercialization. Shire will use Diligent Efforts in each of the Major EU Markets to launch a Collaboration Product in each such country after receiving all Regulatory Approvals for such Collaboration Product in such country, and thereafter will use Diligent Efforts to Commercialize the Collaboration Product in such country.
Diligence in Commercialization. Kos will launch each Licensed Product in the Territory in accordance with the applicable Marketing Plan. * * *, the JCC will agree on a launch date, which date will be no later than * * * after the date of such Marketing Approval, unless otherwise agreed by the Parties. Kos will use Commercially Reasonable Efforts to Commercialize Licensed Product. All efforts of Kos’s Affiliates, Third Party contractors and Sublicensees will be considered efforts of Kos for the purpose of determining Kos’s compliance with its obligations under this Section 5.7.
Diligence in Commercialization. Sanofi will use Commercially Reasonable Efforts to Commercialize a Product in the Territory.
Diligence in Commercialization. Duramed shall use Diligent Efforts to Commercialize the Collaboration Products in the Duramed Territory; provided that Duramed shall have no specific obligation to Commercialize the Collaboration Products in any particular country or countries. Shire shall use Diligent Efforts to Commercialize the Collaboration Products in the Shire Territory; provided that Shire shall have no specific obligation to Commercialize the Collaboration Products in any particular country or countries..
Diligence in Commercialization. AEVI will use Commercially Reasonable Efforts to Commercialize each Licensed Product in each country for which it receives Regulatory Approval, including identifying and committing sufficient resources for pre-launch, launch and subsequent Commercialization activities in each such country. Both Parties acknowledge and agree that there may be cases that AEVI may use Commercially Reasonable Efforts and choose not to Commercialize the Licensed Product in a given country due to reimbursement pricing or for some other material reasons, and in such cases AEVI will not be liable for a breach of the diligence obligation set forth in this Section 5.2 in respect of such country.
Diligence in Commercialization. Medgenics will use Commercially Reasonable Efforts to Commercialize each Licensed Product in each country of the Territory in which Regulatory Approval is obtained, including identifying and committing sufficient resources for pre-launch, launch and subsequent Commercialization activities. KHK will use Commercially Reasonable Efforts to Commercialize each Licensed Product in the United Kingdom, France, Germany, Spain, and Italy (“EU5 Countries”); provided that Regulatory Approval is obtained for such country, including identifying and committing sufficient resources for pre-launch, launch and subsequent Commercialization activities. Both Parties acknowledge and agree that there may be cases that KHK may use Commercially Reasonable Efforts and choose not to Commercialize the Licensed Product in some of the EU5 Countries due to reimbursement pricing or for some other reasons, and in such cases KHK will not be liable for a breach of the diligence obligation set forth in this Section 6.2 in respect of such country.
Diligence in Commercialization. (a) QLT shall use commercially reasonable and diligent efforts in [***] for Collaboration Products in the Territory, and commercializing each Collaboration Product in each country in which [***]. (b) In the event that QLT or its marketing partner or sublicensee, as the case may be, determines, utilizing sound and reasonable business and scientific practice and judgment, that a decision of a governmental authority in the country relating to the price or reimbursement for, or Intellectual Property protection related to, a Collaboration Product renders the commercial sale of the Collaboration Product commercially unviable in the country during such period, then such determination shall not be a breach of QLT’s obligations under 3.2(a) above with respect to such Collaboration Product and such country in the Territory at any time during the Term. QLT shall include any such determinations in its marketing plan provided under Section 3.3. 3.3
Diligence in Commercialization. (a) The parties acknowledge and agree that, except as otherwise provided in this Agreement, the Corporation (or applicable Affiliate or Sub-Licensee, as the case may be) shall be solely responsible for developing and promoting, marketing, selling and otherwise commercializing the Designated Magna Parts in the Territory, including obtaining any applicable Regulatory Approvals therefor.
Diligence in Commercialization. Bayer’s diligence obligation during Commercialization will be [***] to [***] in the Major Markets after having received Marketing Approval for such countries; provided, however, where Bayer is marketing the Product through a Third Party or sublicensee, such Third Party or sublicensee will be obliged to [***] to Commercialize the Product in the Major Markets. If Bayer fails to comply with its obligation under this Section 5.3 and if such failure constitutes a material breach of this Agreement, Micromet may terminate the Agreement in accordance with and under the conditions specified in Section 12.2. [***]
