Marketing and Commercialization Clause Samples

Marketing and Commercialization. 3.1 KALAPA HOLDINGS is solely responsible for commercialization of the SR Capsules in the Territory and will bear all associated costs thereto, including without limitation, promotion, marketing, sales, regulatory expenses, all necessary lab equipment, raw materials and any required labor. 3.2 In all marketing and selling of the SR Capsules, KALAPA HOLDINGS shall refer to CANNABICS as the source of the CANNABICS Technology and shall place the proprietary trademarks and Logo of CANNABICS on every single package of SR capsules, in a manner to be agreed upon by the parties. In any event, upon termination of this Agreement or the requirement by CANNABICS, for any reason whatsoever, KALAPA HOLDINGS shall cease all display, advertising, and/or use of all Trademarks. 3.3 KALAPA HOLDINGS shall be responsible for addressing consumer complaints, in a manner that is satisfactory to CANNABICS during the Term. 3.4 KALAPA HOLDINGS undertakes throughout the term of this Agreement, to make its best efforts to market and sale the SR Capsules in the Territory and to invest resources and efforts to ensure that the SR Capsule penetrates the market and becomes a leading product. 3.5 KALAPA HOLDINGS shall solely be responsible to obtain all governmental licenses, permits and approvals necessary or desirable in connection with the exercise of the license rights granted under Section 2.1 CANNABICS shall not be under any responsibility to certify or get any approval, license or permit but shall reasonably cooperate with KALAPA HOLDINGS for the purpose of KALAPA HOLDINGS’s obtainment of the above. 3.6 KALAPA HOLDINGS shall keep CANNABICS promptly informed on a regular basis relating to (i) any problems encountered with the SR Capsules and the CANNABICS Technology (including any product recall), and any resolutions arrived at for those problems; and (ii) general information about its distribution of the SR Capsules. 3.7 KALAPA HOLDINGS shall be solely responsible and liable for any and all SR Capsules it manufactures under this Agreement including but not limited to the quality, safety and reliability of the SR Capsules. 3.8 Without derogating from any of its other representations or obligations in this Agreement, KALAPA HOLDINGS hereby warrants to CANNABICS that it - or its subsidiary - will legally distribute the SR Capsules in the Territory, and that it shall immediately notify CANNABICS regarding any lapse or breach (whether alleged or possible) or communication received from an...

Marketing and Commercialization. 4.1 Commercialization Responsibility. Endo shall be responsible for marketing and selling the Licensed Product. Endo shall use its best efforts to market and sell diligently the Licensed Product in such a manner as to maximize Net Profits. In addition, with respect to any Percocet(R) Product dosage strength for which there exists an AB-rated generic equivalent, Endo shall use best efforts to convert physicians from writing prescriptions for such Percocet(R) Product dosage strength to writing prescriptions for Licensed Product.

Marketing and Commercialization. Subject to the terms described in this Agreement, Lilly shall have the sole right, at its own expense, to obtain Regulatory Approval, and to market, sell, promote, distribute and otherwise commercialize Products in the Field, including, without limitation, preparation of promotional materials, direct-to-consumer advertising, samples, and sales representatives, in each country in the Territory that Lilly elects to market the Product as Lilly may deem appropriate. Lilly shall control the marketing plans for Product in the Field, including, but not limited to, branding of Devices and packaging materials ***-Denotes portions omitted pursuant to a request for confidentiality under Rule 24b-2 of the Securities Exchange Act of 1934. A copy of this agreement with the omitted information intact has been filed separately with the Securities and Exchange Commission. which, unless Lilly determines otherwise, shall be sold solely under Lilly trademarks, trade dress and logos.

Marketing and Commercialization. Subject to the terms described in this Agreement, Lilly shall have the sole right to obtain Regulatory Approval, market, sell, distribute and otherwise commercialize the Product in each country in the Territory. Subject to the terms of this Agreement, Lilly shall work diligently to commercialize Products and Post-Project Products, if any, in Major Markets at least as diligently as Lilly commercializes products of similar probability of technical success, market/commercial potential and stages of development in Major Markets. Failure by Lilly to meet its diligence obligation under this Section 5.1 of this Agreement due to reasons beyond Lilly's control (including, without limitation, force majeure and/or lack of technical success of the Products and/or Post-Project Products) will not constitute lack of due diligence for purposes of this Agreement.

Marketing and Commercialization. Except as set forth in Section 3.3, Schering ----------------- shall be solely responsible for the promotion, marketing, distribution and sale of Licensed Product in the Field hereunder. After Zonagen has received Regulatory Approval of the Licensed Product in the Territory, Schering shall use diligent efforts to promote, market and sell the Licensed Product in the Territory. For the purposes of this Section 6. 1, "diligent efforts" shall mean those efforts which are similar to the efforts used by Schering in the marketing and sale of other products that have similar commercial value, status and potential to the Licensed Product. The Parties acknowledge and agree that, subject to the terms of this Agreement, all business decisions including, without limitation, decisions relating to Schering's manufacture, sale, commercialization, design, price, distribution, marketing and promotion of Licensed Products covered under this Agreement, shall be within the sole *** This portion has been omitted based on a request for confidential treatment pursuant to Rule 24b-2 of the Exchange Act. The omitted portion has been separately filed with the Commission. discretion of Schering. Notwithstanding the foregoing, nothing in this Agreement shall serve to prohibit Schering or its Affiliates from developing, registering, making, using or selling any product for use in the Field, whether or not such product directly or indirectly competes with the Licensed Product, ***

Marketing and Commercialization. Subject to the terms described in this Agreement, Lumara shall have the sole and exclusive right, at its own expense, to obtain Regulatory Approval, and to market, sell, promote, distribute and otherwise commercialize Products in the Field, including, without limitation, preparation of promotional materials, direct-to-consumer advertising, samples, and sales representatives, in each country in the Territory that Lumara elects to market the Product as Lumara may deem appropriate. Lumara shall control the marketing plans for Product in the Field, and the packaging materials for the Product which, unless Lumara determines otherwise, shall be sold solely under Lumara's trademarks, trade dress and logos, with the exception of trademarks, trade dress and logo applied to the Devices, which shall be the sole responsibility of Antares. Lumara agrees to use Commercially Reasonable Efforts to effect a Product Launch of the first Product in the U.S. within 90 days of receiving final Regulatory Approval in the U.S. for such Product provided that Lumara shall not be required to effect a Product Launch unless and until Product stability tests have qualified a Product shelf life of at least 15 months.

Marketing and Commercialization. Except as set forth in Section 3.3, SP Ltd. shall ----------------- be solely responsible for the promotion, marketing, distribution and sale of Licensed Product in the Field hereunder. After receipt of Regulatory Approval of the Licensed Product,, SP Ltd. shall use diligent efforts to promote, market and sell the Licensed Product in those countries of the Territory where such Regulatory Approval has been received. For the purposes of this Section 6.1, "diligent efforts" shall mean those efforts which are similar to the efforts used by SP Ltd. in the marketing and sale of other products that have similar commercial value, status and potential to the Licensed Product. The Parties acknowledge and agree that, subject to the terms of this Agreement, all business decisions including, without limitation, decisions relating to SP Ltd.'s manufacture, sale, commercialization, design, price, distribution, marketing and promotion of Licensed Products covered under this Agreement, shall be within the sole discretion of SP Ltd.. Notwithstanding the foregoing, nothing in this Agreement shall serve to prohibit SP Ltd. or its Affiliates from developing, registering, making, using or selling any product for use in the Field, whether or not such product directly or indirectly competes with the Licensed Product, ***

Marketing and Commercialization. Subject to the terms described in this Agreement, Lilly shall have the sole right to obtain Regulatory Approval, market, sell, distribute and otherwise commercialize the Product in each country in the Territory as Lilly may deem appropriate. Lilly will be as diligent in commercialization of Product as with other Lilly products of similar probabilities of technical success and commercial potential. Lilly shall at its expense, control the marketing plans for Product in the Field, including but not limited to branding of Device and packaging materials with Lilly trademarks and logos. Lilly shall have the sole right to select the trademark(s) for the Products developed and commercialized under this Agreement. * * * *.

Marketing and Commercialization. LICENSEE agrees to use good faith and commercially reasonable efforts to market the Game and to distribute the Game in approved jurisdictions during the term of this Agreement.