Marketing and Advertising Campaign Sample Clauses

Marketing and Advertising Campaign. GSK shall provide the JSC with a detailed overview of the first proposed Core Campaign Product Strategy and any subsequent versions which are a material change of strategy or visuals (and any local core marketing materials that fall outside the Core Campaign Product Strategies) to be used in the GSK Territory, which the JSC shall review to ensure that the Core Campaign Product Strategy shall be consistent with the global branding strategy for the Product. Notwithstanding anything to the contrary contained in this Agreement, in the event that Sepracor in good faith believes that any part of the proposed Core Campaign Product Strategy has a reasonable likelihood of materially adversely affecting the volume of net sales in the Sepracor Territory, Sepracor may provide written notice to GSK within [**] of such Core Campaign Product Strategy being presented to the JSC requesting that such part of the Core Campaign Product Strategy not be implemented. (a) If such notice is received by GSK within the [**] period, GSK shall not implement such part of the core marketing and advertising campaign until mutual agreement or resolution of any dispute has been achieved in respect of the use of the proposed core marketing and advertising campaign. (b) If GSK disputes the assessment of the reasonable likelihood of material adverse effect, GSK may refer the dispute to the Senior Executives. The Senior Executives shall negotiate in good faith to resolve the dispute within [**]. If the Senior Executives are unable to resolve the dispute within such time period, Sepracor’s decision shall be binding. (c) For the avoidance of doubt, if Sepracor does not provide such written notice with the above stated period, Sepracor’s approval will be deemed to have been received.