LICENSEE'S EFFORTS Clause Samples

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LICENSEE'S EFFORTS. Licensee agrees that it will exercise its best efforts to manufacture, distribute and sell the Goods within the territory. It is also agreed that Licensee will use its best efforts to fulfill orders for Goods in a timely and reasonable manner. Should there be an unforeseen delay in fulfilling customers' order for Goods, Licensee will exercise all possible diligence in informing those customers of the delay, and complying totally with Federal Trade Commission regulations and all other relevant state and federal laws. In the event of an unforeseen delay in fulfilling orders to customers, Licensee also agrees that it will refrain from advertising or promoting Goods, or soliciting orders from consumers until such problems are cured.
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LICENSEE'S EFFORTS. Licensee agrees to use its best efforts to distribute, promote and sell the Licensed Property throughout the Territory.
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LICENSEE'S EFFORTS. BioMarin Acquisition shall use commercially reasonable efforts to market, promote and sell ORAPRED®, which efforts shall include the allocation of efforts and resources consistent with the resources allocated by BioMarin Acquisition to the marketing, promotion and sale of other commercially available products of BioMarin Acquisition with comparable commercial opportunity in the marketplace. BioMarin Acquisition shall use commercially reasonable efforts to develop, market commercialize and sell Acetaminophen extended release sprinkles, Pediavent® albuterol extended release suspension, and Non-refrigerated Orapred® prednisolone sodium phosphate oral solution (15 mg prednisolone per 5 ml), which efforts shall include the allocation of efforts and resources consistent with the resources allocated by BioMarin Acquisition to the development, marketing, commercialization and sale of other in development products of BioMarin Acquisition with comparable commercial opportunity in the marketplace. Notwithstanding the foregoing, if the total of (x) the actual amount under Section 2.3(b)(i) minus (y) the actual amount under Section 2.3(b)(ii) exceeds $35,000,000 for each Reporting Year, then BioMarin Acquisition shall be deemed to have satisfied all of its obligations set forth in this Section 2.4.
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LICENSEE'S EFFORTS. Licensee agrees that it will exercise its best efforts to manufacture, distribute and sell the Goods within the Market and Territory. It is also agreed that Licensee will use its best efforts to fulfill orders for Goods in a timely and reasonable manner. Should there be an unforeseen delay in fulfilling customers’ orders for Goods, Licensee will exercise all possible diligence in informing those customers of the delay, and complying totally with Federal Trade Commission regulations and all other relevant state and federal laws. In the event of an unforeseen delay in fulfilling orders to customers, Licensee also agrees that it will take such reasonable steps as may be commercially prudent to refrain from advertising or promoting Goods, or soliciting orders from consumers until such problems are cured.
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LICENSEE'S EFFORTS. Licensee agrees to use its best efforts to manufacture the Licensed Property throughout the Territory.
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LICENSEE'S EFFORTS. Licensee covenants that, subject to the other terms and conditions of this Agreement, it will, and will cause the Permitted Sublicensees to, use good faith, commercially reasonable efforts throughout the Territory and during the entire Term, to design, manufacture, distribute, sell and promote Licensed Products, to make and maintain adequate arrangements for the distribution of the Licensed Products, and commercially reasonable efforts to promote and expand sales to achieve the highest Sublicense Income reasonably and practicably obtainable.
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LICENSEE'S EFFORTS. Licensee agrees to use its best professioal efforts to distribute, market, promote, sell and /or manufacture the Licensed Technologies throughout the Territory. Licensee's efforts will be subject to review and/or license modifications by the Licensor should the Licensee not meet standards, expectations or performance/production goals as set and agreed upon between the Licensor and Licensee.
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LICENSEE'S EFFORTS 
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Related to LICENSEE'S EFFORTS

  • Joint Efforts To the full extent permitted by law, neither this Agreement nor any ambiguity or uncertainty herein will be construed against any of the parties hereto, whether under any rule of construction or otherwise. On the contrary, this Agreement has been prepared by the joint efforts of the respective attorneys for, and has been reviewed by, each of the parties hereto.

  • Sublicensees 4.1 The Regents also grants to IntraBiotics the right to issue exclusive or nonexclusive sublicenses ("Sublicenses") to third parties to make, have made, use and sell [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Licensed Products and to practice Licensed Methods in the Field in any jurisdiction under which IntraBiotics has exclusive rights under this Agreement. All such Sublicenses shall be subject to the rights of The Regents under this Agreement, with the exception that Sublicensees need not pay the license issue fee provided for in Article 5, or patent costs provided for in Article 8. To the extent that IntraBiotics licenses third parties to make, have made, use and sell Licensed Products and to practice Licensed Methods that are covered solely by Joint Patent Rights, for the purposes of this Agreement, such licenses shall be considered Sublicenses. To the extent applicable, Sublicenses shall also be subject to the rights of the United States federal government under 35 U.S.C. Section 201-212. 4.2 IntraBiotics shall pay to The Regents, upon the Net Sales of Licensed Products sold or disposed of by Sublicensees, an earned royalty equal to [ * ] of the royalties received by IntraBiotics from its Sublicensees for products covered by Regents' Patent Rights, and an earned royalty equal to [ * ] for products covered solely by Joint Patent Rights. 4.3 IntraBiotics shall pay to The Regents [ * ] of all Sublicensing Income. Such payments shall be made quarterly in accordance with the payment schedule described in paragraph 10.3. 4.4 IntraBiotics shall provide to The Regents a copy of each Sublicense granted by IntraBiotics and a copy of all information submitted to IntraBiotics by Sublicensees relevant to the computation of the payments due from IntraBiotics to The Regents under this Article 4. 4.5 IntraBiotics shall use its best efforts to write its sublicense agreements so that upon termination of this Agreement for any reason, all outstanding Sublicenses will be assigned to The Regents and will remain in full force and effect under the same terms and conditions with The Regents as the licensor thereunder in the stead of IntraBiotics, but the duties of The Regents under such assigned Sublicenses shall not be greater than the duties of The Regents under this Agreement.

  • Diligent Efforts Pfizer and Xenogen Cranbury each shall use reasonably diligent efforts to achieve the objectives of the Research Program. Xenogen Cranbury will use reasonably diligent efforts to achieve the objectives listed in the Research Plan and Pfizer will use reasonably diligent efforts to assist Xenogen Cranbury in such efforts.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Marking of Licensed Products To the extent commercially feasible and consistent with prevailing business practices, Company shall ▇▇▇▇, and shall cause its Affiliates and Sublicensees to ▇▇▇▇, all Licensed Products that are manufactured or sold under this Agreement with the number of each issued patent under the Patent Rights that applies to such Licensed Product.