Exceptions for Required Development in Additional Territory Sample Clauses

Exceptions for Required Development in Additional Territory. If, as to a particular country in the Additional Territory, Eisai reasonably determines that the costs of conducting the Required Additional Territory Development for such country under the established Development Plan(s) for such development are not commercially justified by the reasonably expected commercial market opportunity for the Initial Product in such country, then
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Exceptions for Required Development in Additional Territory. If, as to a particular country in the Additional Territory, Eisai reasonably determines that the costs of conducting the Required Additional Territory Development for such country under the established Development Plan(s) for such development are not commercially justified by the reasonably expected commercial market opportunity for the Initial Product in such country, then Eisai may give written notice of such determination to Arena, which notice will include all the economic and related factors that are the basis for such determination. The Parties then will meet promptly and discuss in good faith such situation and seek reasonably to reach agreement on how to proceed. If the Parties do not reach an agreement on how to proceed with Initial Product development in such country, within 60 days of such notice, then Eisai has the right to terminate this Agreement as to such country, on written notice to Arena provided within 60 days after the end of such 60-day period. If Eisai provides notice that the costs of any Required Additional Territory Development for a country under the established Development Plan(s) for such development are not commercially justified, Eisai’s obligations to conduct Required Additional Territory Development in the country that is subject to such notice shall be tolled for a period of 120 days from the date of such notice, and such obligations shall be in force after such period (unless Eisai terminates the Agreement as to such country pursuant to the above). In addition, if as to a particular country in the Additional Territory, Arena does not approve any Development Plan for conducting particular Pre-Approval Required Additional Territory Development or the Post-Approval Required Additional Territory Development for such country (for example, because Arena believes that conducting such development plan has a risk of negatively impacting the approval or Commercialization of Product in another country that is an important market for the Product), then in such case (i) Eisai shall not be required to conduct the particular Pre-Approval Required Additional Territory Development or the Post-Approval Required Additional Territory Development for such country for which Arena does not approve a Development Plan; and (ii) the diligence time period under Section 5.6(b) for such country shall be tolled until such time (if any) as Arena subsequently approves a Development Plan for conducting such required development work for such country.
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Related to Exceptions for Required Development in Additional Territory

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