LICENSEE'S EFFORTS Sample Clauses

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. BioMarin Acquisition shall use commercially reasonable efforts to market, promote and sell ORAPRED(R), 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(R) albuterol extended release suspension, and Non-refrigerated Orapred(R) 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 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 efforts to manufacture the Licensed Property throughout the Territory.
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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 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. 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 
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Related to LICENSEE'S EFFORTS

  • Commercialization Efforts The RECIPIENT shall, including whether through its own efforts or the efforts of a licensee under a License Agreement allowed by the terms of this Attachment, use diligent and commercially reasonable efforts to commercialize at least one Commercial Product or Commercial Service or otherwise bring to practical application the Project Results in accordance with the commercial development plan submitted with the Application and including any changes to such commercial development plan in accordance with Section D3.01. For the avoidance of doubt, partnering or licensing activities shall be considered to be efforts to commercialize.

  • 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 Licensee shall have the full right (but not the obligation) to sublicense those rights granted to it under Section 2.1 to a Third Party (a “Sublicensee”); provided, however, that, prior to the payment of the first milestone pursuant to Section 7.2, Licensee may not grant any such sublicense to any contract research organization conducting Clinical Trials of Products or any Third Parties conducting contract Manufacturing activities without Licensee’s prior written notice (at least twenty (20) Business Days in advance) to Lilly, which shall include a description of the rights to be granted and the purpose therefor, the identity of the Third Party and the countries involved, and Lilly’s prior written consent, but such consent shall only be required (i) until such time as Licensee is the holder of record for the Regulatory Materials related to Taladegib and (ii) to the extent such organization is not performing services for Licensee as of the Effective Date; and provided further, that Licensee shall remain responsible for the performance by any of its Sublicensees. With respect to any Sublicensee granted a sublicense to any Commercialization rights hereunder, Licensee shall ensure that each of its Sublicensees accepts in writing all applicable terms and conditions of this Agreement, including the non-compete, reporting, audit, inspection and confidentiality provisions hereunder. Each Sublicensee shall also be prohibited from further sublicensing. For the avoidance of doubt, (a) Licensee will remain directly responsible for all amounts owed to Lilly under this Agreement, and (b) each Sublicensee is subject to the negative and restrictive covenants set forth in Sections 2.3.1 and 2.5, respectively. Licensee hereby expressly waives any requirement that Lilly exhaust any right, power or remedy, or proceed against a subcontractor, for any obligation or performance hereunder prior to proceeding directly against Licensee.

  • Regulatory Approvals; Efforts (a) Prior to the Closing, Parent, Merger Sub and the Company shall use their respective reasonable best efforts to take, or cause to be taken, all actions, and to do, or cause to be done, all things necessary, proper or advisable under any applicable Laws to consummate and make effective the Merger including (i) the preparation and filing of all forms, registrations and notices required to be filed to consummate the Merger, (ii) the satisfaction of the conditions to consummating the Merger, (iii) taking all reasonable actions necessary to obtain (and cooperating with each other in obtaining) any consent, authorization, Order or approval of, or any exemption by, any third party, including any Governmental Entity (which actions shall include furnishing all information and documentary material required under the HSR Act) required to be obtained or made by Parent, Merger Sub, the Company or any of their respective Subsidiaries in connection with the Merger or the taking of any action contemplated by this Agreement, and (iv) the execution and delivery of any additional instruments necessary to consummate the Merger and to fully carry out the purposes of this Agreement. Additionally, each of Parent, Merger Sub and the Company shall use reasonable best efforts to fulfill all conditions precedent to the Merger and shall not take any action after the date of this Agreement that would reasonably be expected to materially delay the obtaining of, or result in not obtaining, any permission, approval or consent from any such Governmental Entity necessary to be obtained prior to Closing. To the extent that transfers of any permits issued by any Governmental Entity are required as a result of the execution of this Agreement or the consummation of the Merger, the parties hereto shall use reasonable best efforts to effect such transfers.

  • 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 xxxx, and shall cause its Affiliates and Sublicensees to xxxx, 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.

  • Marketing Efforts In connection with an underwritten offering, cause its officers to use their commercially reasonable efforts to support the marketing of the Registrable Securities covered by such offering (including participation in “roadshows” or other similar marketing efforts).

  • Development Efforts 4.2.1 Hana shall use Commercially Reasonable Efforts to Develop each Product in the Territory (including carrying out its responsibilities under the Development Plan) to:

  • Efforts to Relet No re-entry or repossession, repairs, maintenance, changes, alterations and additions, reletting, appointment of a receiver to protect Landlord’s interests hereunder, or any other action or omission by Landlord shall be construed as an election by Landlord to terminate this Lease or Tenant’s right to possession, or to accept a surrender of the Premises, nor shall same operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, unless express written notice of such intention is sent by Landlord to Tenant. Tenant hereby irrevocably waives any right otherwise available under any law to redeem or reinstate this Lease.

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