Marketing Diligence. 8 3.4 Remedies ....................................................... 8 3.5 No Restrictions on Business .................................... 8 3.6 Commercialization of Licensed Product .......................... 8 3.7 GTI's Efforts .................................................. 8
Marketing Diligence. GTI will use commercially reasonable and diligent efforts (as defined in Section 3.7) to commercialize each Licensed Product that receives Regulatory Approval, taking into account the scientific and commercial potential for such Licensed Product.
Marketing Diligence. IPR will use commercially reasonable efforts to market the Product consistent with IPR's usual practice in commercializing and marketing products of similar market potential.
Marketing Diligence. (a) SBCL shall use reasonable efforts to promote and develop a commercial market for performing HOME-BREW in the TERRITORY utilizing an ASSAY using the same standards SBCL would use in promoting and developing an ASSAY of its own making which had the same technical and commercial potential as an ASSAY. Notwithstanding the above, SBCL shall have satisfied its obligations to use such reasonable efforts, within the relevant country of the TERRITORY, upon the occurrence of the following:
(i) Initiating and thereafter continuing sales of services utilizing an ASSAY to THIRD PARTY customers upon which royalties are to be paid to PROGENITOR in the United States of America within (* * *) after the EFFECTIVE DATE;
(ii) Initiating and thereafter continuing sales of services utilizing an ASSAY to THIRD PARTY customers upon which royalties are to be paid to PROGENITOR in each of Mexico, the United Kingdom, and Australia within (* * *) after the EFFECTIVE DATE; and
(iii) Initiating and thereafter continuing sales of services utilizing an ASSAY to THIRD PARTY customers upon which royalties are to be paid to PROGENITOR in the relevant country in the TERRITORY which is not mentioned in Section 5.2(a)(i) or (ii) within (* * *) after the EFFECTIVE DATE.
(b) If SBCL fails to initiate sales of services in any country of the TERRITORY in accordance with the schedule set forth in Section 5.2(a) and subject to Section 5.2(c), PROGENITOR shall be entitled to terminate any right and license then held by SBCL in such country under PATENTS and KNOW-HOW to make, have made, use and * Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. import an ASSAY for the purpose of offering to sell, selling and performing HOME-BREW in such country, such termination to be effective, with no opportunity to cure, upon receipt by SBCL of written notice of such termination by PROGENITOR, provided such termination shall not be effective if SBCL has initiated sales of such services in such country at the time SBCL receives such notice from PROGENITOR. In the event that SBCL initiates sales of services in a country of the TERRITORY in accordance with the schedule set forth in Section 5.2(a), but thereafter fails to continue sales of such services, and such failure is due (i) to circumstances which are within SBCL's reasonable control and (ii) continues for more ...
Marketing Diligence. Upon receipt of Health Registration Approval of the Product in a country in the Territory, Apollomics shall during the Term at its own cost and expense use Commercially Reasonable Efforts to Commercialise the Product in such country.
Marketing Diligence. (a) SUMMARY MARKETING PLAN - Without limiting the diligence provisions in SECTION 5.2, QLT shall provide to Xenova at least annually during the term of the Definitive Agreement (in approximately [*] of each year, commencing in [*]) an updated, written Marketing Plan, describing past, current and projected activities taken or to be taken by QLT to bring Product to market in the Field in the Territory and to maximize the sale of the Product in the Field in the Territory. The parties acknowledge and agree that QLT has the right and responsibility for commercialization, marketing and sale of the Product in the Field in the Territory and therefore QLT shall be entitled from time to time and at any time to update and amend the Marketing Plan using sound and reasonable scientific, business, medical and marketing practice and judgment and also taking into account the prospects for the Product. Xenova's receipt of or comments (or failure to comment) on the Marketing Plan shall not be taken as a satisfaction with or a waiver of QLT's diligence obligations under SECTION 5.2.
Marketing Diligence. ARBITRABLE - If Xenova, acting reasonably, considers that QLT has committed a Marketing Default, Xenova may assume the co-promote and manufacture rights more specifically set out in SECTION 5.3(d) below. If there is any disagreement between the parties as to whether Xenova is entitled to assume such rights, either party refer its claim with respect to the Marketing Default to expedited arbitration under SECTION 14.2.
Marketing Diligence. 22 5.4 Arbitration Rights Alternative not Cumulative..................................................24 5.5 Commercialization by Xenova....................................................................24
Marketing Diligence. Micromet will use commercially reasonable efforts to execute the Marketing Plan for the calendar year in question, including without limitation, (i) diligently responding to inquiries of Third Parties interested in obtaining a Consolidated Patent License and engaging in the process of discussing and negotiating the potential terms, term sheets, and if appropriate, license agreements with such Third Parties; and (ii) keeping Enzon informed on a regular basis on the status of any ongoing discussions or negotiations. Each Third Party License Agreement may include, as negotiated and agreed to between Micromet and the Third Party, a license under (i) a single patent in the Consolidated Patent Portfolio, (ii) any group or combination of patents in the Consolidated Patent Portfolio, or (iii) the entire Consolidated Patent Portfolio. Notwithstanding the Marketing Plan, if at any time during the negotiation process Micromet determines in its reasonable business judgment that it does not wish to proceed with the negotiation and execution of any Third Party License Agreement, Micromet will have the right to terminate such discussion or negotiation and not execute such Third Party License Agreement.
Marketing Diligence. PharmaEngine shall during the term of this Agreement at its own cost, use Commercially Reasonable Efforts to:
6.1.1 initiate, extend, develop, promote and maximise sales of the Licensed Product in the Territory and not to do anything which may hinder or interfere with such sales;
6.1.2 achieve the sales forecasts contained in the relevant annual Marketing Plan;
6.1.3 allocate such promotional and sales resources and such technical support for the promotion, marketing and sales of the Licensed Product as may reasonably be required to maximise sales of the Licensed Product in the Territory.
