DILIGENCE IN DEVELOPMENT. This lease is granted with the express understanding that prospecting, mining and the recovery of the commercial quantities of minerals in the above described lands shall be pursued with diligence, and if at any time the lessor has reasonable belief that the operations are not being so conducted, it shall so notify lessee in writing, and if compliance is not promptly obtained and the delinquency fully satisfied, it may then, at the end of any lease year, declare this lease terminated. Any improvements that the lessee may have placed on the property shall be disposed of pursuant to Section 6 of this lease.
DILIGENCE IN DEVELOPMENT. 3.3.1 Micromet will use Commercially Reasonable Efforts to generate BiTE Antibodies binding to the Collaboration Target, and to perform the activities assigned to it in the Development Plan. All efforts of Micromet’s Affiliates and Micromet’s Service Providers will be considered efforts of Micromet for the purpose of determining Micromet’s compliance with its obligations under this Section 3.3.1.
3.3.2 Sanofi will use Commercially Reasonable Efforts to develop a Product and obtain Marketing Approval for such Product in the Major Markets, and to perform the activities assigned to it in the Development Plan. All efforts of Sanofi’s Affiliates and Sanofi’s Service Providers will be considered efforts of Sanofi for the purpose of determining Sanofi’s compliance with its obligations under this Section 3.3.2.
DILIGENCE IN DEVELOPMENT. AEVI will use Commercially Reasonable Efforts to Develop the Licensed Product in the Field in the Territory and to obtain Regulatory Approvals for the Licensed Product in the Field in France, Germany, Italy, Spain, the United Kingdom, the United States and China. AEVI shall use Commercially Reasonable Efforts to complete the Crohn’s Disease Study.
DILIGENCE IN DEVELOPMENT. 3.5.1 Micromet shall use Commercially Reasonable Efforts to perform the activities assigned to it in the Development Plan. Micromet shall deliver certain data generated by Micromet to be included in the “CMC Part” of the BLA. All efforts of Micromet’s Affiliates, sublicensees and Third Party contractors shall be considered efforts of Micromet for the purpose of determining Micromet’s compliance with its obligations under this Section 3.5.1.
3.5.2 Nycomed shall use Commercially Reasonable Efforts to develop each Product in one or more Indications with the objective of maximizing the overall commercial potential of such Product and to perform the activities assigned to it in the Development Plan. All efforts of Nycomed’s Affiliates, sublicensees and Third Party contractors shall be considered efforts of Nycomed for the purpose of determining Nycomed’s compliance with its obligations under this Section 3.5.2.
DILIGENCE IN DEVELOPMENT. 3.4.1 By Serono. Serono, itself or through one or more Affiliates, Sublicensees or other Third Parties, will use Commercially Reasonable Efforts to develop and obtain Marketing Approval for the Product in all Major Markets. Serono will perform the Serono Program in a good scientific manner and in compliance in all material respects with all Applicable Laws including GLP and GCP. All efforts of Serono’s Affiliates, Sublicensees and Third Party contractors will be considered efforts of Serono for the purpose of determining Serono’s compliance with its obligations under this Section 3.4.1. Serono’s fulfillment of its obligations to use Commercially Reasonable Efforts under this Section 3.4.1 will be conclusively established at any given time if, during the preceding [***] period, any one of the following situations applies: (a) with respect to any [***] period falling within the first [***] from the *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. commencement of the Serono Program pursuant to Section 3.3.3, Serono, its Affiliates or Sublicensees [***]; (b) with respect to any subsequent [***] period, Serono, its Affiliates or Sublicensees [***]; (c) Serono, its Affiliates or Sublicensees [***]; (d) Serono, its Affiliates or Sublicensees [***]; or (e) the Parties collectively [***] with respect to [***] (i) at least [***] during such [***] period, or (ii) at least [***], in the aggregate, during such [***] period [***].
DILIGENCE IN DEVELOPMENT. Micromet will diligently perform its obligations to generate BiTE Antibodies binding to the Collaboration Target, and to perform the activities assigned to it in the Development Plan. Amgen will use Commercially Reasonable Efforts to develop one or more Products and obtain Marketing Approval for such Product(s) throughout the Territory and to perform the activities assigned to it in the Development Plan; provided, that, for the avoidance of doubt, Amgen will have no obligation to seek to develop or obtain Marketing Approval for any Product in any country in which it would not be Commercially Reasonable to do so. All efforts of a Party’s Affiliates, sublicensees and Service Providers will be considered efforts of such Party for the purpose of determining such Party’s compliance with its obligations under this Section 4.3.
DILIGENCE IN DEVELOPMENT. With respect to each Product that is the subject of a Development Progress Notice (each, a “Product Candidate”) and its related indication (each, an “Indication”), Aevi shall use Commercially Reasonable Efforts to Develop such Product Candidate in such Indication for Commercialization in the United States, the EU5 and Canada. Aevi shall provide MedImmune a written update regarding Aevi’s development activities hereunder with respect to the licensed Molecule upon MedImmune’s reasonable request,
DILIGENCE IN DEVELOPMENT. Biotronik will use reasonable efforts consistent with effort used in Biotronik’s own priority research and development program ***Certain confidential information contained in this document, marked by brackets, has been omitted and filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. to conduct the research under and in accordance with the development program as described in each Statement of Work.
DILIGENCE IN DEVELOPMENT. 4.5.1 Micromet will use Commercially Reasonable Efforts to generate a BiTE Antibody binding to the Collaboration Target, and to perform the activities assigned to it in the [***] Development Plan. All efforts of Micromet’s Affiliates will be considered efforts of Micromet for the purpose of determining Micromet’s compliance with its obligations under this Section 4.5.1. *** Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
4.5.2 Bayer will use Commercially Reasonable Efforts to perform the activities assigned to it in the [***] Development Plan, to perform the [***] Development Plan, and to develop and obtain Marketing Approval for the Product in the Major Markets. All efforts of Bayer’s Affiliates, contractors or sublicensees will be considered efforts of Bayer for the purpose of determining Bayer’s compliance with its obligations under this Section 4.5.2. If Bayer fails to utilize such diligence 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. [***].
DILIGENCE IN DEVELOPMENT
