Marketing and Sale. OGS, at its sole expense, shall be solely responsible for the Commercialization of Licensed Products in the Territory and shall use its Commercially Reasonable Efforts to Commercialize each Licensed Product in each of the Major Countries (excluding Japan). OGS shall be solely responsible for establishing the price of each Licensed Product sold by or on behalf of it pursuant to this Agreement.
Marketing and Sale. Mitsubishi, at its sole expense, shall be solely responsible for the Commercialization of Licensed Products in the Territory and shall use its Commercially Reasonable Efforts to Commercialize each Licensed Product in at least one of the Major Countries. Mitsubishi shall be solely responsible for establishing the price of each Licensed Product sold by or on behalf of it pursuant to this Agreement.
Marketing and Sale. The Recipient and qualified professional shall ensure that the marketing plan proposed, in consultation with SHPO, is implemented for a mutually agreed upon period prior to the demolition or relocation of historic properties. The Recipient shall review all purchase offers with the qualified professional, who may consult with SHPO. If a successful purchaser is selected, the Recipient may include preservation covenants in the transfer deed, upon recommendation of the qualified professional and SHPO. If no successful purchaser is identified, the Recipient may either convey the property without covenants or proceed with the demolition or relocation after the historic properties have been recorded pursuant to HABS standards or SHPO guidelines.
Marketing and Sale. 9.01 Without limiting the rights granted in Article 2 above, Sunesis shall have the right and obligation to perform at its sole expense, risk and responsibility, or have its Affiliates and/or the Sublicensees perform at their expense, risk and responsibility, by itself or themselves or through its or their designee, any promotion, marketing, sale and distribution of the Products in the Territory. Sunesis shall undertake, or have its Affiliates and/or the Sublicensees undertake, such activities in accordance with Articles 9 and 14 below, and in accordance with all applicable laws and regulations.
9.02 Sunesis may use the trademark(s) selected by Sunesis for its marketing, promotion, sale and distribution of the Products in the Territory, and shall bear all expenses, risk and responsibility relating such trademark(s) used for the Products.
9.03 Sunesis has provided Dainippon with the preliminary non-binding sales forecast of the Products for the initial three (3) Marketing Years as set forth in Schedule 9.03 attached hereto. Sunesis shall update such preliminary sales forecast with respect to sales in the Major Market Countries upon completion of the Phase II Clinical Studies. Following receipt by Sunesis of the Regulatory Approval for a Product in a Major Market Country, Sunesis shall provide to Dainippon a three (3) year sales forecast for such Product in such country and shall update such forecast annually thereafter, which shall be used for purposes of Section 10.01 below. It is understood that such forecast for any period may include a range of potential sales levels, based on alternative assumptions. In addition, Sunesis shall diligently seek to provide annual sales forecasts following receipt by the Sublicensees of the Regulatory Approval for the Major Market Countries relating to the Sublicensees (it being understood, however, that Section 10.01 shall not apply to the Sublicensees).
9.04 Sunesis shall notify Dainippon within sixty (60) days of its receipt (or receipt by its Affiliate(s) or the Sublicensee(s)) of the Regulatory Approval in any country of the Territory and shall, within a reasonable time after obtaining the Regulatory Approval in a Major Market Country and such other countries of the Territory as reasonably requested by Dainippon and agreed by Sunesis, which agreement shall not be unreasonably withheld, furnish Dainippon with an estimated date of launch of the Products and an outline of how Sunesis, its Affiliate(s) or, to the extent a...
Marketing and Sale. CUSTOMER, at its sole expense, shall be solely responsible for the Commercialization of Licensed Products in the Territory and shall use Commercially Reasonable Efforts to Commercialize each Licensed Product in the Major Countries, it being understood that CUSTOMER may determine that it is not commercially reasonable to pursue Commercialization in particular countries in cases where the difficulty and expense of doing so cannot be justified in comparison to the profits that sales of Licensed Products in such country are likely to yield. CUSTOMER shall be solely responsible for establishing the price of each Licensed Product sold by or on behalf of it pursuant to this Agreement.
Marketing and Sale. Tularik, [*], shall be responsible for the Commercialization of Products in the Territory and shall use its Commercially Reasonable Efforts to Commercialize each Product in each of the Major Countries in which it has obtained necessary Regulatory Approvals. Tularik shall be responsible for establishing the price of each such Product sold by or on behalf of it pursuant to this Agreement.
Marketing and Sale. ACADIA will, and will cause its officers, agents and contractors to, conduct all details with respect to each Product and the performance of ACADIA’s Commercialization activities under this Agreement in the applicable Field and in the Territory in adherence with the applicable Marketing Authorisation, the Product package inserts, labelling and packaging, and any professional requirements, including those relating to promotion of pharmaceutical products, consumer protection, fraud and abuse and false claims.
Marketing and Sale. 1.1. Subject to the terms of this Agreement, the Owner grants to Countryside the authority to take all actions, as Countryside deems necessary and appropriate, at Countryside’s sole cost and expense, to actively and continuously market and sell the Units, and, to the extent that the estimated Net Price (defined herein) for a given Unit exceeds its Base Price (defined herein), to enter into contracts (the “Outsale Contracts”), as the exclusive agent for and on the Owner’s behalf, for the sale of Units. Countryside will provide, under its supervision and management, at Countryside’s sole cost and expense, either its own employees or employees of a brokerage company (which may be affiliated or unaffiliated with the Company), to market and sell the Units and to manage the continuing administrative obligations of the Owner as Co-Declarant in connection with the sale of the Units to Owner. The form of the Outsale Contracts shall be the form currently used by Countryside for the sale of units at the Condominium to retail purchasers, with an Addendum in the form attached hereto as Exhibit A, and shall provide for a purchase price and exxxxxx money deposit in such amount as may be agreed to by the Owner and Countryside from time to time. The Owner agrees to enter into any additional documents which may be necessary to confirm or ratify the authority granted to Countryside pursuant to the provisions of this Section.
1.2. All deeds for the conveyance of any Unit shall be in the name of the Owner as grantor.
Marketing and Sale. Haemonetics shall have no obligation for worldwide inventory, marketing, and sale of the Viral Inactivation System, including the Cell Washing System to be used with it, though Haemonetics' name shall appear on all Equipment and Disposables as the manufacturer of those products. All such inventory, marketing and sales efforts shall be undertaken by VITEX at its sole discretion. Haemonetics shall retain the worldwide right to install and service the Equipment, and the parties shall separately negotiate mutually agreeable terms and conditions for service and installation. ---------------- Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions.
Marketing and Sale. ACHA will not engage in communication that might be deemed to be “Marketing” under the HITECH Act. ACHA will not engage in the sale of PHI.
