Licensee Diligence. Licensee shall design, manufacture, advertise, sell and ship the Trademarked Product and shall continuously and diligently during the term hereof procure and maintain facilities and trained personnel sufficient and adequate to accomplish the foregoing, all to the extent and in a manner no less thorough, diligent and professional than the same accorded by Licensee for Licensee's most favored premium products and/or services. A cessation of the above for a continuous period of ninety (90) days shall be grounds for termination by Licensor, without notice. The marketing of Trademarked Product shall be conducted in a manner consistent with enhancing the long-term value of the Trademarks. It is the interest of the parties that Trademarked Product be sold simultaneously through a wide range of retailers. Accordingly, Licensee shall continuously and diligently design, price and promote Trademarked Product to retailers in all major classes of trade including department stores (i.e., Macy's, Burdine's, Bloomingdale's, etc.), mass merchants (i.e., Walmart, Kmart, etc.), regional discounters (i.e., Caldor, Bradlees, etc.), warehouse clubs (i.e., Target, Sam's, etc.), specialty electronics chains (i.e., The Wiz, etc.), mail order, premium and television shopping services. Licensee shall exhibit Trademarked Product in exhibit or booth space at the annual electronics show.
Licensee Diligence. Licensee shall use Commercially Reasonable Efforts to develop and commercialize Licensed Products and Licensed Services in the Field, directly or through one or more Sublicensees. Without limiting the foregoing, if Licensee, directly or through one or more Sublicensees, fails to accomplish any one of the following “Diligence Milestones” set forth in this Section 2.4 by the date specified (each a “Deadline Date”) corresponding to such Diligence Milestone as may be adjusted by the last paragraph of this Section 2.4, COH shall have the right, on notice to Licensee, to terminate this Agreement if Licensee does not cure its failure to accomplish the applicable Diligence Milestone within forty-five (45) days of the Deadline Date.
Licensee Diligence. At all times during the Term, Licensee shall, directly or through its Affiliates or Sublicensees, exercise commercially reasonable efforts to Develop and Commercialize a Licensed Product in China Mainland. Within ninety (90) days after the end of each Calendar Year during the Term, Licensee will deliver to Licensor a high-level written report on Licensee’s progress regarding such Development and Commercialization during such Calendar Year.
Licensee Diligence. Licensee shall conduct the activities set forth in each Development Plan (and all regulatory matters relating to such activities), other than the Xxxxxxx AR Mutant Activities, and shall use Commercially Reasonable Efforts to conduct such activities in accordance with the timelines and budget set forth in such Development Plan. Without limiting the foregoing, Licensee shall use Commercially Reasonable Efforts to:
Licensee Diligence. Licensee shall use Commercially Reasonable Efforts to develop and commercialize Licensed Products and Licensed Services in the Field, directly or through one or more Sublicensees. Without limiting the foregoing, if Licensee, directly or through one or more Sublicensees, fails to accomplish any one of “Diligence Milestones” set forth in this Section 2.2 by the date specified (each a “Deadline Date”) corresponding to such Diligence Milestone, COH shall have the right, on notice to Licensee, to terminate this Agreement or convert the grant of rights hereunder from exclusive to non-exclusive, without any change in the other terms and conditions of this Agreement. [**]. Conversion of the license to non-exclusive pursuant to this Section 2.2 shall not constitute a waiver of COH’s right to terminate the license thereafter if Licensee’s obligations under this Section 2.2 continue to be unmet. [**]. Licensee shall provide COH with prompt written notice upon reaching each Diligence Milestone, which notice shall be accompanied by written documentation substantiating the achievement of any such Diligence Milestone. Upon written request by COH, Licensee shall supply additional written documentation reasonably requested by COH to confirm the achievement of any such Diligence Milestone.
Licensee Diligence. Licensee shall use its best efforts to sell Trademarked Product. Licensor shall have the right to terminate this Agreement upon written notice to Licensee in the event that Licensee shall fail to sell any Trademarked Product for a period of ninety (90) consecutive days.
Licensee Diligence. Licensee shall exercise of such efforts and commitment of such resources by Licensee, including financial resources, directly or through one or more Sublicensees, in a diligent manner consistent with organizations in the pharmaceutical industry for a comparable development or commercialization program at a similar stage of development or commercialization. Without limiting the foregoing, Licensee shall:
Licensee Diligence. After receipt of Regulatory Approval for a Licensed Product in a particular country in the Licensee Territory, Licensee shall use Commercially Reasonable Efforts to [*].
Licensee Diligence. At all times during the Term, Licensee shall, directly or through its Affiliates, use Commercially Reasonable Efforts to Commercialize the Licensed Product in the Territory. Licensee will use Commercially Reasonable Efforts to launch the Licensed Product in the United States within [***] of FDA Approval. Without further limiting any other obligations set forth in this Agreement, at all times during the Term, Licensee shall keep Licensor through the JSC reasonably and timely informed as to the Commercialization efforts and results thereof relating to the Licensed Product in the Territory.
Licensee Diligence. Licensee shall design, manufacture, advertise, sell and ship the Licensed Items and shall continuously and diligently during the Contract Term hereof procure and maintain facilities and trained personnel sufficient and adequate to accomplish the foregoing, all substantially and to the commercially reasonable extent and in a manner no less thorough, diligent and professional than the same accorded by Licensee for Licensee’s most favored premium products and/or services. A cessation of the above for a continuous period of ninety (90) days shall be grounds for termination by Licensor. according to Article 4.31.
