Common use of Launch and Marketing Clause in Contracts

Launch and Marketing. (a) PII, at is sole cost and expense, shall use Diligent Efforts to complete the First Commercial Sale of a Licensed Product in [*] as soon as practicable after Regulatory Approval has been obtained for such Licensed Product, and thereafter shall use Diligent Efforts to manufacture, promote, distribute, market, advertise and sell the Licensed Product (or cause the manufacture, promotion, distribution, marketing, advertisement and sale of the Licensed [*] Confidential treatment requested; certain information omitted and filed separately with the SEC. Product) to the extent reasonable in light of the market and potential market for the Licensed Product and in a manner consistent with which a Third Party engaged in the commercialization of pharmaceutical products for human use ordinarily devotes to marketing for a pharmaceutical product having similar market potential, profit potential or strategic value to that of the Licensed Product in a particular country of the Territory. For the sake of clarity, RBX acknowledges and agrees that, based on market conditions, including pricing conditions and environment, then existing in [*], PII may delay or elect not to manufacture, promote, distribute, market, advertise or sell the Licensed Product in any such Country. Without limiting the foregoing, not later than 30 days following the end of each calendar year following the First Commercial Sale of any Licensed Product, PII shall provide to RBX a written report summarizing PII’s (or its Third Party Partner’s) marketing efforts relating to the Licensed Product during such annual period.