Lead Marketing Party Sample Clauses

Lead Marketing Party. BMS shall be the Lead Marketing Party in the Royalty Territory. BMS shall be [*] Commercialization of Licensed Product in the Royalty Territory and shall keep Corgentech reasonably informed of its activities in the Royalty Territory through the JCC; provided, that [*] must be consistent with the terms of this Agreement. Corgentech agrees that BMS shall have the right to appoint distributor(s), [*] under this Agreement in the Royalty Territory [*], provided that BMS notifies Corgentech of such appointment and BMS remains fully responsible for the compliance by such appointees with the obligations of BMS under this Agreement delegated to them.
Sample 1
AutoNDA by SimpleDocs
Lead Marketing Party. (a) The JOC will designate one of the Parties to be the Lead Marketing Party with respect to the Commercialization of each Collaboration Product (the “Lead Marketing Party”). The Lead Marketing Party shall be obligated and responsible for carrying out Commercialization of such Collaboration Product pursuant to its Commercialization Plan. The Party that is not the Lead Marketing Party (the “Passive Marketing Party”) agrees to carry out the Commercialization tasks relating to Commercialization of Collaboration Products referred to in Section 5.7(c), and such other Commercialization tasks as are reasonably requested by the Lead Marketing Party and accepted by the Passive Marketing Party. [*] Confidential treatment requested; certain information omitted and filed separately with the SEC.
Sample 1
Lead Marketing Party. The Lead Marketing Party shall have the responsibilities set forth in this Article 4. The Lead Marketing Party shall determine, on a country-by-country or territory-by-territory basis, whether the Collaboration Product will be Commercialized directly by the Lead Marketing Party (meaning that the Lead Marketing Party will itself be responsible for selling the Collaboration Product in such country or territory, although Third Parties may be engaged for various aspects of Commercialization in the United States as well as other markets) or indirectly (meaning that Commercialization in a particular country or territory shall occur exclusively through Third Parties, under one or more Service Agreements or Partnering Agreements). As used herein, the former structure is referred to as “Direct Commercialization” and the latter structure is referred to as “Partnered Commercialization.” The Lead Marketing Party shall determine whether to allocate any Commercialization responsibilities to the Non-Lead under this Agreement, but shall have no obligation to allocate any responsibilities to the Non-Lead. The Non-Lead shall have no obligation to participate directly in Commercialization except with its consent.
Sample 1
Lead Marketing Party. Subject to Sections 10.5 and 14.5, BMS shall be the Lead Marketing Party for each Product and MDX-1379 in the Royalty Territory and shall have sole responsibility for Commercializing each such Product and MDX-1379 in the Royalty Territory; provided that BMS shall keep Medarex reasonably informed of BMS’ Commercialization activities in the Royalty Territory with respect to each such Product and MDX-1379 through the JCC.
Sample 1
Lead Marketing Party. Unless the Parties agree otherwise, and subject to Sections 10.5 and 14.5, BMS shall be the Lead Marketing Party and exclusive distributor for each Co-Promotion Product in the United States. † [*****] REPRESENTS CONFIDENTIAL PORTION WHICH HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Sample 1
Lead Marketing Party. The Party that leads Direct Commercialization of a Collaboration Product in accordance with this Section 5.2 is referred to in this Agreement as the “Lead Marketing Party”. Nuvelo, at its option and in its sole discretion, may elect to be the Lead Marketing Party for any or all of the Collaboration Products so long as, previous to its election, Nuvelo has established Commercialization capabilities, including the existence of an internal trained sales force, that will allow Nuvelo to carry out the responsibilities associated with the Lead Marketing Party as set forth in this Article 5. If Nuvelo does not elect to be the Lead Marketing Party for a particular Collaboration Product then Archemix shall be the Lead Marketing Party for the particular Collaboration Product. If Archemix does not want to be Lead Marketing Party for the Collaboration Product, the Collaboration Product shall be commercialized through Partnered Commercialization in accordance with Section 5.14. The Lead Marketing Party shall have the responsibilities set forth in this Article 5, but shall remain subject to the decision making authority of the JSC as provided in this Article 5. The Lead Marketing Party shall determine whether to allocate any Commercialization responsibilities to the other Party under this Agreement (except to the extent the other Party participates through the JSC), but shall have no obligation to allocate any responsibilities to the other Party, and the other Party shall have no obligation to participate directly in Commercialization except with its consent.
Sample 1
Lead Marketing Party. Roche shall be the Party responsible for all day-to-day decisions regarding Commercialization of a Co-Promoted Licensed Product. Roche shall assign to Kosan a reasonable share, consistent with Kosan’s share of the total sales effort, of responsibility in the US for [*]. Each Strategic Plan must be consistent with the foregoing sentence.
Sample 1
AutoNDA by SimpleDocs

Related to Lead Marketing Party

  • Joint Marketing The Parties shall engage in joint marketing activities pursuant to Section 7.7 of this Agreement and any other joint marketing agreement that may be entered into from time to time.

  • Promotion and Marketing For the purpose of promotion and marketing, the Borrower hereby authorizes and consents to the reproduction, disclosure and use by the Lenders and the Agent of its name, identifying logo and the Facilities. The Borrower acknowledges and agrees that the Lenders shall be entitled to determine, in their sole discretion, whether to use such information; that no compensation will be payable by the Lenders or the Agent in connection therewith; and that the Lenders and the Agent shall have no liability whatsoever to it or any of its employees, officers, directors, affiliates or shareholders in obtaining and using such information as contemplated herein.

  • Manufacturing and Marketing Rights The Company has not granted rights to manufacture, produce, assemble, license, market, or sell its products to any other person and is not bound by any agreement that affects the Company's exclusive right to develop, manufacture, assemble, distribute, market, or sell its products.

  • Marketing Services The Manager shall provide advice and assistance in the marketing of the Vessels, including the identification of potential customers, identification of Vessels available for charter opportunities and preparation of bids.

  • Joint Manufacturing Committee A joint manufacturing committee (the “Joint Manufacturing Committee” or “JMC”) will be established pursuant to the Supply Agreement. The roles and responsibilities of the JMC shall be as specified in the Supply Agreement.

  • Clinical Development (a) Stellartech shall design, develop and construct a Clinical Unit for each of the Thermage Disposable Device and the Thermage Generator, and any required component or subassembly thereof and shall deliver such Clinical Units to Thermage in accordance with the Development Program; (b) Stellartech shall deliver to Thermage such other Deliverables as are contemplated by the Development Program in accordance with the Development Program; and (c) as requested by Thermage and automatically at the conclusion of the Development Program, Stellartech, so long as Thermage is not in breach of its material obligation hereunder, shall deliver in writing to Thermage any and all data and information held by or in the control of Stellartech which is necessary or useful to obtain regulatory approval of the Products in the United States or any foreign country.

  • Sales and Marketing Subdistributor shall market, promote, and solicit orders for the Products to prospective and existing Customers (excluding the Excluded Customers) consistent with good business practice and the highest professional standards in the industry, in each case using its best efforts to maximize Product sales volume in the Territory in accordance with Distributor’s Product marketing strategies, channel and pricing guidelines, and sales policies, and in a manner that reflects favorably at all times on the Products and the good name, goodwill, and reputation of Distributor;

  • Commercialization Diligence Upon receipt of the Marketing Authorization for a Licensed Product in the Field in a given Region in the Territory, Lian (directly, or through its Affiliates, Sublicensees or contractors) will use Commercially Reasonable Efforts to Commercialize such Licensed Product in the Field in such Region in the Territory. Lian will have sole decision-making authority and discretion with respect to Commercializing the Licensed Product in the Field in the Territory. [***].

  • Commercialization Reports After the First Commercial Sale of a Licensed Product anywhere in the Territory, LICENSEE shall submit to Cornell semi-annual reports on or before each February 28 and August 31 of each year. Each report shall cover LICENSEE’s (and each Affiliate’s and Sublicensee’s) most recently completed calendar half-year and shall show:

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!