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. 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. Sanofi will use Commercially Reasonable Efforts to Commercialize a Product in the Territory.
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. Medgenics will use Commercially Reasonable Efforts to Commercialize each Licensed Product in the United States and Canada after Regulatory Approval is obtained in such country, including identifying and committing sufficient resources for pre-launch, launch and subsequent Commercialization activities. Medgenics 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 Medgenics 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 Medgenics 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. Because the INVENTION and the making thereof was partially funded by government funds, and because LICENSEE has represented the need to have an EXCLUSIVE LICENSE thereto in order to warrant further development thereof which will benefit the public, LICENSEE and YALE acknowledge a duty to act diligently and purposefully to bring the benefits of the INVENTION to the public. In connection therewith, LICENSEE shall plan and implement appropriate research and development testing, and production efforts which shall be directed toward prompt commercialization of the LICENSED PRODUCTS and SERVICES in the field of human genetic testing and shall further undertake such efforts or commision others to undertake such efforts or seek LICENSEES to undertake such efforts in the field of infectious diseases. LICENSEE shall provide YALE semi-annual reports indicating the progress toward commercialization which has been made and setting forth future plans. In the event that LICENSEE identifies fields of activity in which it does not plan to utilize the INVENTION or in which it abandons the marketing or intent to market LICENSED PRODUCTS OR SERVICES, LICENSEE shall so notify YALE and shall return, without cost to YALE, such field limited rights to YALE and shall negotiate in good faith the conditions under which it shall provide to YALE LICENSEE's rights in LICENSEE developed and jointly developed information and data which is useful therewith. If at any time LICENSEE suspends its marketing or its intent to market the LICENSED PRODUCTS OR SERVICES in all fields for a period exceeding ninety (90) days, LICENSEE shall immediately notify YALE giving reasons therefor and a statement of its intended actions which shall include plans for recommencement of marketing and development within a reasonable time and if there are no plans for recommencement, LICENSEE shall so notify YALE and shall return all license rights to YALE and shall negotiate in good faith the conditions under which it shall provide to YALE LICENSEE's rights in LICENSEE developed and jointly developed information and data which is useful therewith.
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 reasons, and in such cases AEVI 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. Nycomed shall, subject to reasonable commercial considerations in such country, launch the Products within [***] months after receiving Marketing Approval in any country in the Territory, and thereafter shall use Commercially Reasonable Efforts to Commercialize the Products in each such country.
Diligence in Commercialization. Serono will use Commercially Reasonable Efforts to launch the Product in a country after receiving all Marketing Approvals in such country, and thereafter will use Commercially Reasonable Efforts to Commercialize the Product in such country. Serono may sell the Product as part of a bundle with other Serono products or offer package deals to customers that include the Product, provided that for the calculation of Net Sales, the gross amount invoiced for the Product so treated will be deemed to be the weighted (by sales volume) average invoice price in the preceding calendar quarter for Product sold separately and the rebate or discount with respect to the Product may not exceed the weighted average rebate or discount on all other products sold as part of the bundle or package. Upon request of Micromet, Serono will provide to the Steering Committee a copy of the launch and annual marketing plans prepared by Serono with respect to the Commercialization of the Product, and any amendments or updates thereto.
