KING Products Sample Clauses

KING Products. Throughout the Term, KING shall provide NOVAVAX with a report within thirty (30) calendar days after the end of each calendar quarter, with the first such report due for the calendar quarter during which the KING Product Initiation Date occurs, setting forth the following information regarding the efforts of KING's sales force in promoting and Detailing the KING Products during the preceding quarter (or part thereof): (i) the number of Details made and recorded by KING's standard record keeping procedures
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KING Products. Throughout the Term, NOVAVAX shall provide KING with a report within thirty (30) calendar days after the end of each calendar quarter, with the first such report due for the calendar quarter during which the KING Product Initiation Date occurs, setting forth the following information regarding the efforts of NOVAVAX's sales force in promoting and Detailing the KING Products during the preceding quarter (or part thereof): (i) the number of Details made and recorded by NOVAVAX's standard record keeping procedures based on data recorded by the sales force; (ii) the names, addresses and phone numbers of the OB/GYN's called upon; (iii) the names of and the percentage of OB/GYN's Detailed who were provided with samples of the KING Products; (iv) the actual number of such samples delivered on each Detail; and (v) such other information as may be required in the then current Marketing Plan.
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KING Products. All regulatory matters regarding the KING Products shall remain under the control of KING, subject to the participation by NOVAVAX in matters related to the marketing of the KING Products to OB/GYN's in the Territory. Notwithstanding the foregoing, KING shall promptly provide NOVAVAX with copies of all communications received from any regulatory agency or authority concerning the KING Products or any Marketing Materials and shall submit copies of all communications and filings to be made to any regulatory agency or authority for prior review and comment within five (5) business days. KING shall provide adequate notice to NOVAVAX and shall include NOVAVAX in all meetings with the FDA, electronic, in person, or otherwise. KING shall give due consideration to all comments timely made by NOVAVAX and shall notify NOVAVAX, in writing, if it declines to address any such comments, stating the reason therefor.
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KING Products. KING shall have the sole authority and responsibility to respond to any regulatory agencies, including without limitation the FDA, to respond to KING Product Technical Complaints and medical complaints and to handle all returns, recalls or market withdrawals of the KING Products in accordance with applicable law, at KING's cost and expense; provided, however, that if any such returns, recalls or market withdrawals of the KING Products are caused solely by actions or inactions by NOVAVAX constituting a breach of the provisions of this Agreement or a violation of applicable law, NOVAVAX, as KING's sole remedy, shall bear all reasonable Direct Costs associated with such actions or inactions in connection therewith, provided, however that NOVAVAX shall have no obligation to reimburse KING for any incidental or consequential damages incurred in connection therewith, including, without limitation, any lost profits. Prior to the KING Product Initiation Date, the PMC shall adopt an SOP for handling KING Product Technical Complaints, medical inquiries and adverse event information received by the parties not otherwise specified in this Agreement. The PMC shall revise the SOP from time to time during the Term as the PMC deems necessary.
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KING Products. Within forty-five (45) days after the end of each calendar quarter during the Term, KING shall pay to NOVAVAX (by wire transfer of immediately available funds to an account designated by NOVAVAX to KING in writing) an amount ("KP Consideration Fee") equal to (i) fifty percent (50%) of the Incremental Sales for the KING Products during such quarter (calculated using the baseline sales figures on Exhibit 9.1(b)) minus (ii) fifty percent (50%) of the Incremental Costs for the KING Products during such quarter. By way of example only, Exhibit 9.1 reflects a sample calculation of the KP Consideration Fee.
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KING Products. Upon the termination or expiration of this Agreement for any reason with respect to the KING Products, NOVAVAX shall immediately cease all of its promotional and marketing activities for the terminated KING Products, discontinue any use of the KING Trademarks related to the terminated KING Products, and return to KING or destroy all sales training and Marketing Materials for the terminated KING Products containing KING Trademarks and any remaining terminated KING Products samples (not already distributed or destroyed with destruction certified by NOVAVAX). After any termination KING shall retain the right to use any sales training and Marketing Materials developed under the auspices of the PMC during the Term of this Agreement, provided, however, that KING shall have no further right to use NOVAVAX's name or any of the NOVAVAX Trademarks or logos in connection therewith.
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Related to KING Products

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Products 1.1. The information (including but not limited to the quantity, rated hashrate, unit price (“Unit Price”), total price for one item (“Total Price (One Item)”), total price for all the items (“Total Purchase Price”) of Products to be purchased by Party B from Party A is as follows (“Products”):

  • Additional Products Throughout the Term, Rockwell shall provide to DaVita and the DaVita Facilities the right to purchase and/or lease all current or new products manufactured, utilized, licensed, sold or distributed by Rockwell or any of its Affiliates (including products and product lines acquired by Rockwell or any of its Affiliates as a result of an acquisition, merger or other transaction involving Rockwell or any of its Affiliates) that are or that become Commercially Available and which are not already covered by this Agreement or by any other agreement, whether written or oral, between the parties hereto (such products are collectively referred to as “Additional Products” and individually as an “Additional Product”). Rockwell agrees to include DaVita in all of its and its Affiliates distributions of customer announcements regarding Rockwell’s or its Affiliates’ Additional Products. The purchase price for any such Additional Products shall be negotiated by the parties hereto in good faith and the agreed upon purchase price shall be memorialized in writing as a supplement or amendment to this Agreement. Rockwell covenants and agrees that it shall only make an offer for the sale of any Additional Product(s) to DaVita’s Vice-President of Clinical Operations, Chief Medical Officer, or Vice-President of Purchasing, and not to any DaVita Facility directly; provided that the purchase of any Additional Product by DaVita or any DaVita Facility through a Rockwell product catalog made generally available to the dialysis community shall not be a breach by Rockwell of this Section 8.1. If Rockwell or any of its Affiliates acquires any Additional Product(s) as a result of an acquisition, merger or other transaction involving Rockwell or any of its Affiliates with a Person with which DaVita or a DaVita Facility, as applicable, already has a purchase or rebate arrangement whether written or oral (a “Prior Agreement”), Rockwell or such Affiliate covenants and agrees that it shall continue to abide by all of the terms and conditions of such Prior Agreement or if DaVita requests, such Additional Product(s) shall be included in this Agreement on terms to be negotiated and determined by the parties hereto as provided in this Section 8.1.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Product The term “

  • Defective Products None of the Group Companies has manufactured, sold or supplied products which are, or were, in any material respect, faulty or defective, or which do not comply in any material respect with any representations or warranties expressly made by such Group Company, or with all applicable regulations, standards and requirements.

  • API A. Reliant shall supply to Cardinal Health for Manufacturing and Packaging, at Reliant’s sole cost, the API and applicable reference standards in quantities sufficient to meet Reliant’s requirements for each Product as further set forth in Article 4. Prior to delivery of any of the API or reference standard to Cardinal Health for Manufacturing and Packaging, Reliant shall provide to Cardinal Health a copy of the API Material Safety Data Sheet (“MSDS”), as amended, and any subsequent revisions thereto. Reliant shall supply the API, reference standards, and Certificate of Analysis FOB the Facility no later than thirty (30) days before the scheduled Manufacture Date upon which such API will be used by Cardinal Health. Upon receipt of the API, Cardinal Health shall conduct identification testing of the API. Cardinal Health shall use the API solely and exclusively for Manufacturing and Packaging under this Agreement. The maximum volume of API that Reliant supplies to Cardinal Health shall not exceed the amount reflected in the Firm Commitment and the next six (6) months of the Rolling Forecast.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall xxxx, and shall cause its Affiliates and Sublicensees to xxxx, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.

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