General Diligence Obligation. Equillium (directly or through its Affiliates or Sublicensees) shall use Commercially Reasonable Efforts to develop and seek Regulatory Approval for, and, if Regulatory Approval is obtained, to commercialize Product in the Field in the Equillium Territory. In addition, Equillium shall use Commercially Reasonable Efforts to secure funding for the development of Product in two or more Indications.
General Diligence Obligation. MetaMorphix shall use its Commercially Reasonable Efforts, in its reasonable scientific and business judgment, as permitted by the licenses granted to it under Article 6 hereof, to further characterize, evaluate, select, conduct all necessary and appropriate preclinical and clinical trials and seek regulatory approvals for at least one (1) product based on each TGF-(beta) Factor Class selected by MetaMorphix under Section 5.3 hereof. Additionally, MetaMorphix shall use its Commercially Reasonable Efforts to manufacture or have manufactured, market and sell such products in those countries of the Territory where MetaMorphix has obtained Regulatory Approval for such products.
General Diligence Obligation. GI shall use its Commercially Reasonable Efforts, in its reasonable scientific and business judgment, as permitted by the licenses granted to it under Article 6 hereof, to further Discover, characterize, evaluate, select, conduct all necessary and appropriate preclinical and clinical trials and seek regulatory approvals for at least one (1) product based on each TGF-beta Factor Class to which GI has received a license from J IU under Section 6.3 hereof. Additionally, GI shall use its Commercially Reasonable Efforts to manufacture or have manufactured, market and sell such products in those countries of the Territory where GI has obtained Regulatory Approval for such products.
General Diligence Obligation. Subject to the terms and conditions of this Agreement, Cadista will exercise Commercially Reasonable Efforts to market and promote the Products to customers in the Territory during the Term in accordance with the terms of this Agreement, and with Applicable Law.
General Diligence Obligation. Each Party will use commercially reasonable diligent efforts to perform its respective obligations under this Hematology Alliance Agreement. All efforts of a Party’s Affiliates and permitted licensees and sublicensees will be considered efforts of such Party for the purpose of determining a Party’s compliance with its obligations under this Article 8.
General Diligence Obligation. Subject to the terms and conditions of this Agreement, with respect to CCP-08, following approval of the CCP-08 Product NDA, and with respect to Tuzistra XR, after the Effective Date, AYTU will exercise Commercially Reasonable Efforts to Market the Products to customers in the Territory during the Term of each such Product in accordance with the terms of this Agreement and with Applicable Law. Such efforts shall include, without limitation, the Launch of each Product not later than the required Launch Date for such Product, as set forth in Section 4.6, the preparation of an annual Marketing Plan for such Product, sales projections for such Product on an annual and Fiscal Quarter basis and such other responsibilities as more specifically provided herein. Without limiting the foregoing, AYTU shall:
(i) Perform pre-commercialization analysis, planning, market preparation and related Marketing activities for such Product in the Territory;
(ii) Use Commercially Reasonable Efforts to Market such Product in the Territory (in the case of CCP-08 following TRIS’ receipt of Regulatory Approval of such Product), regardless of whether such Product has been listed on any formulary;
(iii) Maintain records, in sufficient detail, which shall be complete and accurate in all material respects to reflect activities and results in connection with the Marketing of such Product;
(iv) Use Commercially Reasonable Efforts to retain sufficient personnel who are qualified and experienced in the conduct of AYTU’s responsibilities in the Marketing of such Products;
(v) Use Commercially Reasonable Efforts to ensure that its sales force personnel are trained and knowledgeable about the Product, with AYTU to be responsible if such sales force personnel make any unauthorized or inaccurate representations concerning such Product;
(vi) Discuss Marketing strategies for such Product with TRIS on at least twice per Fiscal Year basis (including, without limitation, discussing and reviewing Net Sales compared to AYTU’s forecasts and evaluating progress of material activities under the Marketing Plan);
(vii) Review with TRIS AYTU’s efforts to Launch such Product in the Territory (in the case of CCP-08, following Regulatory Approval), which review shall occur as frequently as either Party shall reasonably request; and
(viii) [**]. The purchase order for the Initial Launch Quantities for Tuzistra XR will be issued to TRIS no later than one Business Day after the Effective Date.
General Diligence Obligation. Subject to the terms and conditions of this Agreement, Purchaser will use commercially reasonable efforts to Promote, market and sell each Product in the Territory during the Collaboration Term in accordance with the Promotion Plan, the Product labeling, any guidelines then approved by the JEC, the terms of this Agreement and all applicable Laws. All such activity shall occur at Purchaser’s sole expense except as may otherwise be expressly provided by this Agreement or the Ancillary Agreements. Notwithstanding anything to the contrary otherwise set forth in this Agreement or any Ancillary Agreement, (i) Purchaser shall not at any time have any obligation to Exploit any Product in any country or other jurisdiction in the Territory in which the MA for such Product is not then approved and (ii) Purchaser shall have no obligation to obtain approval of any MA for any Product in any country or other jurisdiction in the Territory in which such MA is not approved as of the Collaboration Closing.
General Diligence Obligation. Subject to the terms and conditions of ---------------------------- this Agreement, each Party will exercise Diligent Efforts (i) to promote the GENENTECH Products in the Territory during the Co-promotion Term in accordance with the terms of this Agreement, and with applicable law; and (ii) to promote the INTEGRILIN Products in the Territory during the Co-promotion Term in accordance with the terms of this Agreement, and with applicable law. All such activity shall occur [*] except as may otherwise be expressly provided by this Agreement.
General Diligence Obligation. KYE will exercise Commercially Reasonable Efforts to Market the Product to customers in Canada during the Term at its sole cost and expense in accordance with the terms of this Agreement and with Applicable Law. Such efforts shall include, without limitation, the Launch of the Product,, the preparation and delivery to CATALYST of: (i) an annual marketing plan for the Product (the first of which shall be delivered prior to the Product’s Launch); and (ii) sales projections for the Product on an annual basis. KYE will provide CATALYST an opportunity to comment on such annual marketing plans, and will consider CATALYST’s comments in good faith, but the final marketing plan shall be determined by KYE.
General Diligence Obligation. Subject to the terms and conditions of this Agreement, Jubilant will exercise Commercially Reasonable Efforts to market and promote each Product to customers in each Applicable Country in the Applicable Territory for such Product during the Term in accordance with the terms of this Agreement, and with Applicable Law.
