Common use of Licensee Efforts Clause in Contracts

Licensee Efforts. (a) Licensee shall use its reasonable best efforts to develop for commercial sale and to market Products in the Territory, and to continue to market Products as long as commercially viable, all in a manner consistent with sound and reasonable business practices. For purposes of this Agreement reasonable best efforts in the case of Product development in any major market shall mean at least that diligence required on the part of an NDA applicant in undertaking the development of a drug product to qualify for the maximum patent term extension under the Act. (b) Licensee shall notify Licensor within ten (10) days after the first commercial sale of a Product and of any formal written notice from the FDA or other equivalent regulatory authority (“Regulator”) in which CPE-215 is the Regulator’s primary focus, apart from the use of CPE-215 in the Licensee’s Product.

Appears in 4 contracts

Samples: License Agreement (Auxilium Pharmaceuticals Inc), License Agreement (Auxilium Pharmaceuticals Inc), License Agreement (CPEX Pharmaceuticals, Inc.)

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Licensee Efforts. (a) Licensee shall use its reasonable best efforts to develop for commercial sale and to market Products in the Territory, and to continue to market Products as long as commercially viable, all in a manner consistent with sound and reasonable business practices. For purposes of this Agreement reasonable best efforts in the case of Product development in any major market shall mean at least that diligence required on the part of an NDA applicant in undertaking the development of a drug product to qualify for the maximum patent term extension under the Act. (b) Licensee shall notify Licensor within ten (10) days after the first commercial sale of a Product and of any formal written notice from the FDA or other equivalent regulatory authority ("Regulator") in which CPE-215 is the Regulator’s 's primary focus, apart from the use of CPE-215 in the Licensee’s 's Product.

Appears in 2 contracts

Samples: License Agreement (Bentley Pharmaceuticals Inc), License Agreement (Bentley Pharmaceuticals Inc)

Licensee Efforts. (a) Licensee shall use its reasonable best efforts to develop for commercial sale and to market Products in the Territory, and to continue to market Products as long as commercially viable, all in a manner consistent with sound and reasonable business practices. For purposes of this Agreement reasonable best efforts in the case of Product development in any major market shall mean at least that diligence required on the part of an NDA applicant in undertaking the development of a drug product to qualify for the maximum patent term extension under the Act. (b) Licensee shall notify Licensor within ten thirty (1030) days after the first commercial sale of a Product and of any formal written notice from the FDA or other equivalent regulatory authority (“Regulator”) in which CPE-215 is the Regulator’s primary focus, apart from the use of CPE-215 in the Licensee’s Product.

Appears in 2 contracts

Samples: License Agreement (Auxilium Pharmaceuticals Inc), License Agreement (Auxilium Pharmaceuticals Inc)

Licensee Efforts. (a) Licensee shall use its reasonable best efforts to develop for commercial sale and to market Products in the Territory, and to continue to market Products as long as commercially viable, all in a manner consistent with sound and reasonable business practices. For purposes of this Agreement reasonable best efforts in the case of Product development in any major market shall mean at least that diligence required on the part of an NDA applicant in undertaking the development of a drug product to qualify for the maximum patent term extension under the Act. (b) Licensee shall notify Licensor within ten (10) days after the first commercial sale of a Product and of any formal written notice from the FDA or other equivalent regulatory authority (“Regulator”) in which CPE-215 is the Regulator’s primary focus, apart from the use of CPE-215 in the Licensee’s Product. **** Portions of this Exhibit have been omitted pursuant to a request for confidential treatment filed with the Commission.

Appears in 2 contracts

Samples: License Agreement (CPEX Pharmaceuticals, Inc.), License Agreement (CPEX Pharmaceuticals, Inc.)

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Licensee Efforts. (a) Licensee shall use its reasonable best efforts to develop for commercial sale and to market Products in the Territory, and to continue to market Products as long as commercially viable, all in a manner consistent with sound and reasonable business practices. For purposes of this Agreement reasonable best efforts in the case of Product development in any major market shall mean at least that diligence required on the part of an NDA applicant in undertaking the development of a drug product to qualify for the maximum patent term extension under the Act. (b) Licensee shall notify Licensor within ten thirty (1030) days after the first commercial sale of a Product and of any formal written notice from the FDA or other equivalent regulatory authority ("Regulator") in which CPE-215 is the Regulator’s 's primary focus, apart from the use of CPE-215 in the Licensee’s 's Product.

Appears in 1 contract

Samples: License Agreement (Bentley Pharmaceuticals Inc)

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