Common use of Labeling and Promotion Clause in Contracts

Labeling and Promotion. Each Product will be marketed in each country with one label and will bear one or more Product Trademarks. All advertising and promotional material in respect of each Product in each country (including any Product labeling or packaging inserts to the extent permitted by law or required by any Regulatory Authority and approved by the Development Committee) will include XOMA's name and address to indicate its role as manufacturer and/or co-promoter, the size and placement of which will be determined by the Development Committee. The Development Committee will be responsible for developing and approving marketing plans and the advertising and other promotional materials to be used in Co-Promoting each Product. In respect of each Co-Promotion country and indication, the Development Committee will determine the Parties' respective responsibilities for seeking acceptance of the relevant Product on formularies, if applicable, and for all other negotiations with managed care organizations and other institutional purchasers.

Labeling and Promotion. Each Product will be marketed in each country with one label and will bear one or more Product Trademarks. All advertising and promotional material in respect of each Product in each country (including any Product labeling or packaging inserts to the extent permitted by law or required by any Regulatory Authority and approved by the Development Committee) will include XOMA's ’s name and address to indicate its role as manufacturer and/or co-promoter, the size and placement of which will be determined by the Development Committee. The Development Committee will be responsible for developing and approving marketing plans and the advertising and other promotional materials to be used in Co-Promoting each Product. In respect of each Co-Promotion country and indication, the Development Committee will determine the Parties' ’ respective responsibilities for seeking acceptance of the relevant Product on formularies, if applicable, and for all other negotiations with managed care organizations and other institutional purchasers.