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

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

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

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

  • 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 If you ask, we will provide you with information on any other home equity products we offer.

  • 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 ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Defective Products A defective product may be returned to PRECISIONARY INSTRUMENTS within thirty (30) days of the delivery date for a refund of the original purchase price with the following amendments/fees. To return a defective product, please contact our Customer Service Department and follow the Return of Products Instructions below.

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

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