Ex-Territory Activities. Ono hereby covenants and agrees that it shall not (and shall cause its Affiliates not to), either directly or indirectly, market or sell Product into countries outside of the Territory. Without limiting the generality of the foregoing, with respect to such countries outside of the Territory, Ono shall not (i) engage in any promotional activities relating to Product directed solely to customers located in such countries, or (ii) solicit orders from any prospective purchaser located in such countries. Ono will use Commercially Reasonable Efforts to prevent Third Parties from purchasing Product from Ono and reselling it outside the Territory (“Parallel Exportation”) and, if Ono becomes aware that any Third Party is engaging in Parallel Exportation, Ono will use best efforts to induce such Third Party to cease and desist said Parallel Exportation. Onyx will reciprocally use Commercially Reasonable Efforts to prevent resale of Product by any Third Party inside the Territory, and if Onyx becomes aware that any Third Party is selling Product inside the Territory, Onyx will use best efforts to induce such Third Party to cease and desist said activity.
Ex-Territory Activities. Pfizer hereby covenants and agrees that it shall not (and shall cause its Affiliates, sublicensees and subcontractors not to), either directly or indirectly, market, distribute or sell the Product into countries outside of the Territory. Without limiting the generality of the foregoing, with respect to such countries outside of the Territory, Pfizer shall not (i) engage in any advertising activities relating to the Product directed solely to customers located in such countries, or (ii) solicit orders from any prospective purchaser located in such countries.
Ex-Territory Activities. Actelion hereby covenants and agrees that it shall not (and shall cause its Affiliates, sublicensees and subcontractors not to), either itself or through a Third Party, Commercialize the Finished Product outside of the Territory in or outside of the Field. Without limiting the generality of the foregoing, with respect to countries outside of the Territory, Actelion shall not (i) engage in any advertising activities relating to the Finished Product directed to customers outside the Territory, or (ii) solicit orders from any prospective purchaser located outside the Territory. If Actelion receives any order from a prospective purchaser located in a country outside of the Territory, Actelion shall immediately refer that order to Auxilium and shall not accept any such order or deliver or tender (or cause to be delivered or tendered) any Finished Product under such order. If Actelion should reasonably know that a customer or distributor is engaged itself or through a Third Party in the sale or distribution of the Finished Product outside of the Territory, then Actelion shall (a) within two (2) Business Days of gaining knowledge of such activities notify Auxilium regarding such activities and provide all information that Auxilium may request concerning such activities and (b) take all reasonable steps (including cessation of sales to such customers) necessary to limit such sale or distribution outside the Territory, unless otherwise agreed in writing by the Parties.
Ex-Territory Activities. No rights are granted hereunder to Licensee with respect to any jurisdiction outside the Territory, except as provided in Section 7.1.3 and 7.1.
Ex-Territory Activities. Licensee hereby covenants and agrees that it shall not (and shall cause its Affiliates not to), either directly or indirectly, market or sell Licensed Product into countries or regions outside of the Territory. Without limiting the generality of the foregoing, with respect to such countries or regions outside of the Territory, Licensee shall not, directly or indirectly: (i) engage in any promotional activities relating to Licensed Product directed solely to customers located in such countries or regions; or (ii) solicit or fulfill orders from any prospective purchaser located in such countries or regions. If Licensee becomes aware that any Third Party is engaging in reselling Licensed Product outside the Territory (“Parallel Exportation”), Licensee will use its best efforts to cause such Third Party to cease and desist said Parallel Exportation, to the extent permitted by the Laws.
Ex-Territory Activities. In the event that either Party becomes aware of any Third Party being involved in the sale or distribution of the Product in the other Party’s territory, such Party shall inform the other Party of such activity.
Ex-Territory Activities. (a) Zydus covenants that during the Term it will not (and will cause its Affiliates, Sublicensees and subcontractors conducting Commercialization and manufacturing activities for Products not to), either itself or through a Third Party, market, promote, sell or actively offer for sale Products in the XOMA Territory. Without limiting the foregoing, with respect to countries outside of the Territory, Zydus shall not (i) engage in any advertising activities relating to Products directed primarily to customers in the XOMA Territory (other than participation in conferences, congresses or scientific or medical meetings held throughout the world), or (ii) actively or intentionally solicit orders from any prospective purchaser located in the XOMA Territory. To the extent permitted by Applicable Laws, if Zydus receives any order from a prospective purchaser located in the XOMA Territory for use or delivery in a country in the XOMA Territory, Zydus shall immediately refer that order to XOMA and shall not accept any such order or deliver or tender (or cause to be delivered or tendered) any Product under such order. If Zydus knows or could reasonably be expected to know that its subcontractor, customer or distributor is actively engaged, itself or through a Third Party, in the sale or distribution of any Product in the XOMA Territory, then Zydus shall (A) immediately notify XOMA regarding such activities and provide all information available to Zydus that XOMA may reasonably request concerning such activities and (B) use Commercially Reasonable Efforts necessary to limit such sale or distribution in the XOMA Territory, including cessation of sales to such customer or distributor or enforcement and termination of its agreement with such subcontractor. -25 of 63- [*] = Certain information contained in this document, marked by brackets, has been omitted because it is both not material and would be competitively harmful if publicly disclosed.
(b) XOMA hereby covenants that during the Term it will not (and will cause its Affiliates and subcontractors conducting Commercialization and manufacturing activities for Products not to), either itself or through a Third Party, market, promote, sell or actively offer for sale Products for use in the Field in the Zydus Territory. Without limiting the foregoing, with respect to countries within the Zydus Territory, XOMA shall not (i) engage in any advertising activities relating to Products directed primarily to customers located in t...
Ex-Territory Activities. The Parties acknowledge that no rights are granted hereunder to Collaborator with respect to any country outside the Territory, and that Collaborator shall have no authority with respect to the research, development, manufacture or commercialization of Dmab outside the Territory. Amgen shall have the sole right to research, develop, manufacture and commercialize Dmab outside the Territory.
Ex-Territory Activities. BPI agrees that from and after the Closing Date, it will not knowingly sell the Product in Canada or anywhere else outside the Territory under the trademark Cardizem(R) LA. To the extent legally permissible, at all times during the Term, BPI agrees to use commercially reasonable efforts to prevent importation of the Product into the Territory.
Ex-Territory Activities. Kaken hereby covenants and agrees that it shall not (and shall cause its Affiliates, sublicensees and subcontractors not to), either directly or indirectly, market, distribute or sell the Product [***]. Without limiting the generality of the foregoing, with respect to [***], Kaken [***] (i) engage in [***].
