Labelling and Promotional Materials; Approved Use of Product Sample Clauses
Labelling and Promotional Materials; Approved Use of Product. (a) The Distributor shall provide Biomatrix with labelling masters, instructions, specifications and copies of all marketing, labelling and promotional material it intends to use relating to the Agreement Product and any Improved Agreement Product(s). All such labelling, packaging and promotional material shall be consistent with the relevant Product License Approvals and all labelling and packaging materials shall be reviewed by Biomatrix and shall be subject to its written approval prior to use, such approval not to be unreasonably withheld. Biomatrix shall communicate its acceptance or rejection of such labelling packaging and any major promotional materials that include claims or items impacting regulatory approvals within [ *** ] of its receipt thereof and if no such communication is received by Distributor from Biomtrix within such [ *** ] Biomatrix shall be deemed to have accepted. Distributor shall provide Biomatrix with all other major promotional materials for launches and subsequent promotions within a reasonable time prior to their use in order to allow Biomatrix to comment on such materials. Distributor shall provide Biomatrix with copies of all other promotional materials at or prior to their use.
(b) The Distributor agrees that its promotion, marketing, sale and distribution of the Agreement Product and any Improved Agreement Product(s) in the Territory, and the promotional materials and labelling used in connection therewith, shall be strictly in accordance with the approved use of the Agreement Product and any Improved Agreement Product(s) as specified in the Product License Approvals and as further provided in this Agreement. Specifically, for purposes of this Agreement, the Distributor agrees [ *** ] or unless agreed to in writing by Biomatrix. ***Confidential portions have been omitted and filed separately with the Securities and Exchange Commission.
