Common use of In the Territory Clause in Contracts

In the Territory. In the event a prospective licensee for the commercial distribution of the Product(s) in areas outside the Territory will not agree to the sharing of all data and information as provided above, BioNumerik will consult with ASTA Medica prior to signing any license agreement with such party and BioNumerik will use its reasonable best efforts to facilitate and provide an opportunity for discussion between ASTA Medica, BioNumerik and such prospective licensee with respect to a mutually satisfactory arrangement for the sharing of data and information. For purposes of this Agreement, "reasonable best efforts" shall mean those reasonable commercial efforts that would be used by reasonable business persons in a similar situation.