Marketing and Sales Activities. 11 4.1 Sprint PCS National or Regional Distribution Program Requirements........................................ 11 4.1.1 Territorial Limitations on Manager's Distribution Activities.............................. 11 4.1.2
Marketing and Sales Activities. 5.1 Merck will perform all industry-standard and customary pre-marketing activities […***…] prior to the envisaged LAUNCH of the PRODUCT.
5.2 Merck will use its commercially reasonable efforts to market the PRODUCTS comparable to the common practice of the industry for products of a comparable market size. In any event, but subject to Section 4.2, Merck will launch the PRODUCT in the TERRITORY no later than […***…] following transfer of the MARKETING AUTHORIZATION to Merck by Nitec Germany hereunder, price approval and other official approvals, to the extent that these approvals are a condition for so launching PRODUCT.
5.3 Merck agrees that all material used in connection with the promotion and distribution of the PRODUCT shall comply with the applicable law and any information contained in such material shall be consistent with the MARKETING AUTHORIZATION. The marketing plan of the PRODUCT for the following year shall be presented and provided to Nitec AG during the fourth quarter of each year.
5.4 No written or printed material relating to the PRODUCT shall be used by Merck without Nitec AG’s prior written consent. Any information on written or printed materials provided to Nitec shall be subject to Article 12. If within […***…] business days after receipt of such material, Nitec AG or Nitec Germany does not inform Merck, that it objects to the presented materials or, if Nitec AG or Nitec Germany, in case of objections, within […***…] more working days do not inform Merck in writing of the reasons for the objection, such material shall be considered approved by Nitec AG. The consent of Nitec AG may not be unreasonably withheld. Merck shall not initiate and/or conduct any Phase III/IV clinical studies for the PRODUCT without Nitec AG’s prior written consent.
5.5 Each Party will provide the other free of charge with the results of its market research activities for the PRODUCT in the TERRITORY. Additionally, Nitec AG shall provide Merck with all results obtained by studies conducted by or on behalf of Nitec AG in relation to the indication rheumatoid arthritis.
5.6 Within […***…] days following each calendar quarter, Merck shall send to Nitec a copy of the Merck’s internal sales report covering the preceding quarter. Each such quarterly sales report shall show the total distribution of the PRODUCT (sales) in units and values for each dosage form. The sales report shall include separate figures for wholesaler and hospital supply. During the twelve (12) mon...
Marketing and Sales Activities. Marketing, sales and pricing strategies and plans; market research and support activities; technical services; new business and product development; trade ally and strategic alliance services; and marketing and sales training and support.
Marketing and Sales Activities. 8.1. TODOS shall, at its own expense, maintain a trained and competent marketing and sales channels for marketing and distributing the Products in the Territories, all in collaboration with PCL. TODOS undertakes to use commercially reasonable efforts to promote and expand the sale of the Products in the Territories.
8.2. PCL may provide TODOS with PCL’s applicable marketing and promotional materials, sales literature, Product manuals, and supporting information in connection with the Products (the “PCL Marketing Materials”). TODOS shall prepare and use applicable marketing, promotional materials and other sales literature (including modifications or derivative works to the PCL Marketing Materials) that it deems necessary or desirable to market the Products. All marketing and promotional materials and sales literature in the English language shall be subject to the prior written approval of PCL. When preparing marketing and promotional materials and sales literature in the local foreign language, TODOS shall not make any material changes to the information provided by PCL.
8.3. TODOS shall not make any representation or warranty as to the Products other than those contained in the PCL Marketing Materials and in this Agreement. TODOS shall bear all liabilities with respect to any representations or warranties as to the Products which are not so contained in the PCL Marketing Materials or in this Agreement or otherwise authorized by PCL in writing.
8.4. PCL acknowledges that TODOS will fully rely on the information, representations and warranties as to the Products which are contained in the PCL Marketing Materials and in this Agreement or otherwise authorized by PCL in writing, and PCL shall bear all liability with respect to any such information, representations or warranties.
8.5. Without derogating from the above, PCL shall provide TODOS with all the necessary information with respect to the Products, as will be made available, from time to time, to PCL’s worldwide network or per TODOS’ specific request. Any such material and the proprietary rights thereto shall belong to PCL.
8.6. TODOS may appoint sub-agents throughout the Territories as may be required for the efficient marketing of the Products, provided that PCL shall receive notice and approve thereof in advance. Such appointments shall not derogate from TODOS’ obligations hereunder, and TODOS shall be fully responsible for all actions or omissions incurred by any of its sub-agents.
Marketing and Sales Activities. 11 4.1 Sprint PCS National or Regional Distribution Program Requirements....
Marketing and Sales Activities. Zimmer shall have control and authority over its marketing activities for the Products in the Field. Xxxxxx'x marketing and sales efforts may include development of collateral marketing materials, surgical training, attendance at professional tradeshows, and pre-clinical and clinical studies, at Xxxxxx'x cost. Zimmer shall provide Tutogen with a reasonable opportunity to review and approve all marketing and collateral materials relating to the Products solely for purposes of compliance with Regulatory Laws, which approval shall not be unreasonably withheld or delayed.
Marketing and Sales Activities. With the exception of materials associated with the Regulatory Approval that Banner has the right to approve consistent with its ownership of the Regulatory Approval in accordance with Section 2.1 (a)(ii), JDS shall be solely responsible for the conduct of all marketing and sales activities of the Product(s) sold hereunder in the Territory and shall have commercial operating freedom in its discretion with respect to all commercialization matters relating to the Products, including, without limitation, with respect to the use of trademarks, trade names, logos, and trade dress owned by JDS, provided that JDS shall conduct all marketing and sales activities at all times in compliance with the Regulatory Approval and Applicable Laws, and provided further that JDS complies with Section 12.1(e). JDS may engage a third party sales force to assist in the marketing and sales of Product(s) subject to Banner’s prior written consent, not to be unreasonably withheld.
Marketing and Sales Activities. So long as Declarant owns any property described in Exhibit "A" or "B," Declarant and builders authorized by Declarant may construct, relocate, maintain, and carry on upon any Unit Declarant owns or upon portions of the Common Area, such facilities and activities as may be reasonably required, convenient, or incidental to the construction, marketing, or sale of Units, in Declarant's sole opinion. Such facilities and activities may include, without limitation, business offices, signs, model units, and sales offices. There shall be no limit on the number or size of such facilities. Declarant and authorized builders shall have easements for access to and use of such facilities. Declarant reserves the light to remove any personal property used in connection with its activities on the Common Area upon termination of its rights under this Section.
Marketing and Sales Activities. The Licensor shall retain all obligations to fulfill any product orders and customer support stemming from the Introduction of Land Banking Concept and Services through Licensee’s efforts in accordance with the terms and conditions as set forth by Licensor. Furthermore, Licensor shall retain control of all marketing efforts regarding Licensor's real property and its intellectual capital including any materials displaying or communicating Licensor's name and trademark(s). Licensor shall provide marketing materials and support to Licensee at its sole discretion (Addendum C). Licensee must obtain permission from Licensor's Marketing Department to use Licensor's name or brand in any manner. Licensor shall not unreasonably withhold or deny such approval.
Marketing and Sales Activities. Declarant and builders authorized by Declarant may construct and maintain upon portions of the Development and the Common Area such facilities and activities as, in Declarant’s sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of Lots, including, but not limited to, business offices, signs, model units, and sales offices. Declarant and authorized Builders shall have easements for access to and use of such facilities at no charge.
