Marketing Diligence Sample Clauses

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 worldwide consistent with its usual practice in commercializing and marketing products of similar market potential.

Marketing Diligence. (a) SB and its AFFILIATES shall use DILIGENT EFFORTS to market and sell each AERx SYSTEM that has received REGULATORY APPROVAL in all countries in the TERRITORY where such REGULATORY APPROVAL has been granted. Without limiting the generality of the foregoing, SB agrees to launch sales of the AERx SYSTEM in each such country within [*] of the date SB obtains REGULATORY APPROVAL in such country which approval includes any required pricing approval that is granted at a price that is, in SB's judgment, reasonably exercised, commercially viable. In addition, there shall be a presumption that SB has failed to use DILIGENT EFFORTS in conducting marketing of an AERx SYSTEM if for a continuous period of [*] at any time following launch of commercial sales of such AERx SYSTEM in a country, no sales of the AERx SYSTEM or its component AERx DEVICE, DRUG PRODUCT or ACCESSORIES are made in such country; provided that such event is not directly caused by an event of force majeure (but only for so long as SB uses DILIGENT EFFORTS to end the effects of such event of force majeure). If SB breaches the foregoing requirements in a particular country, and fails to cure such breach within [*] days of written notice thereof from Aradigm, then Aradigm may terminate SB's rights hereunder in such country with respect to such AERx SYSTEM upon written notice provided to SB no later than ninety (90) days after the end of such [*] day period, but provided that SB has not cured such breach prior to Aradigm's giving such notice of termination. (b) In addition to the obligations under subsection (a), SB shall, in order to [*] according to the following schedule, which [*] * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

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. 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. (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. 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.

Marketing Diligence. During the term of this Agreement, ViroPharma shall use Diligent Efforts to promote the use and sale of the Drug Inhalation System in each country in which the Drug Inhalation System has received Regulatory Approval, and ViroPharma shall assure that an adequate sales force is maintained for the appropriate promotion of the Drug Inhalation System.

Marketing Diligence. 22 5.4 Arbitration Rights Alternative not Cumulative..................................................24 5.5 Commercialization by Xenova....................................................................24