Common use of Marketing Efforts Clause in Contracts

Marketing Efforts. (a) Fujisawa shall: (i) have the exclusive right, at its cost, to promote, market, distribute, offer for sale, sell, import and export the Product in the Field in the Territory; (ii) be solely responsible for using Commercially Reasonable Efforts, for the promotion, marketing, distribution, offering for sale, selling, importing and exporting the Product in the Field in the Territory; and (iii) have the sole responsibility and decision making authority using Commercially Reasonable Efforts with regard to any and all aspects of the promotion, marketing, distribution, offering for sale, selling, importing and exporting of the Product in the Field in the Territory, including all Labeling, marketing plans, marketing strategy, pricing decisions, and the nature and type of advertising and marketing materials, including all Promotional Materials (as defined in Section 6.4(a)). (b) Subject to the terms of this Agreement, including Sections 2.3(l) and 2.5, Fujisawa agrees to use Commercially Reasonable Efforts to manufacture, promote, market, distribute, offer for sale, sell, and import and export the Product in the Indication in the Field in the United States. Without limiting the generality of Section 2.5, Fujisawa shall have no obligation to manufacture, promote, market, distribute, offer for sale, sell, or import and export the Product for any other indication. (c) Fujisawa shall promptly advise Cardiome of any issues of which Fujisawa becomes aware that materially and adversely affect Fujisawa’s ability to develop, manufacture, promote, market, distribute, offer for sale, sell, export or import the Product in the Territory. In such event, senior executives of Fujisawa and Cardiome shall meet and in good faith discuss what actions should be taken in light of such issues. If the Parties cannot resolve any such issue, either Party may invoke the dispute resolution procedure in Section 14.1. (d) Fujisawa shall provide Cardiome prompt notice of the following events during the Term: (i) the First Commercial Sale of a Product in the Field in each country in the Territory, if and when such occurrence takes place; (ii) when the milestones as provided in Section 4.2 have occurred; and (iii) any written publications generated from a SXX Study(ies) or Post Marketing Commitment(s) prior to publication, on the terms set out in Section 8.2.

Marketing Efforts. (a) Fujisawa shall: (i) have the exclusive right, at its cost, to promote, market, distribute, offer for sale, sell, import and export the Product in the Field in the Territory; (ii) be solely responsible for using Commercially Reasonable Efforts, for the promotion, marketing, distribution, offering for sale, selling, importing and exporting the Product in the Field in the Territory; and (iii) have the sole responsibility and decision making authority using Commercially Reasonable Efforts with regard to any and all aspects of the promotion, marketing, distribution, offering for sale, selling, importing and exporting of the Product in the Field in the Territory, including all Labeling, marketing plans, marketing strategy, pricing decisions, and the nature and type of advertising and marketing materials, including all Promotional Materials (as defined in Section 6.4(a)). (b) Subject to the terms of this Agreement, including Sections 2.3(l) and 2.5, Fujisawa agrees to use Commercially Reasonable Efforts to manufacture, promote, market, distribute, offer for sale, sell, and import and export the Product in the Indication in the Field in the United States. Without limiting the generality of Section 2.5, Fujisawa shall have no obligation to manufacture, promote, market, distribute, offer for sale, sell, or import and export the Product for any other indication. (c) Fujisawa shall promptly advise Cardiome of any issues of which Fujisawa becomes aware that materially and adversely affect Fujisawa’s 's ability to develop, manufacture, promote, market, distribute, offer for sale, sell, export or import the Product in the Territory. In such event, senior executives of Fujisawa and Cardiome shall meet and in good faith discuss what actions should be taken in light of such issues. If the Parties cannot resolve any such issue, either Party may invoke the dispute resolution procedure in Section 14.1. (d) Fujisawa shall provide Cardiome prompt notice of the following events during the Term: (i) the First Commercial Sale of a Product in the Field in each country in the Territory, if and when such occurrence takes place; (ii) when the milestones as provided in Section 4.2 have occurred; and (iii) any written publications generated from a SXX XXX Study(ies) or Post Marketing Commitment(s) prior to publication, on the terms set out in Section 8.2.

Marketing Efforts. (aSubject to Section 2.4(a) Fujisawa and Section 5.3(f), Strata shall: (i) have the exclusive right, at its cost, to promotemake, manufacture, market, distributeadvertise, offer for salepromote, sell, import distribute, and export commercialize the Product in the Field in the Territory; (ii) be solely responsible for using Commercially Reasonable Efforts, for the promotionmaking, manufacture, marketing, distributionadvertising promotion, offering for sale, selling, importing distribution and exporting commercialization of the Product in the Field in the Territory; and (iii) have the sole responsibility and decision making authority using Commercially Reasonable Efforts with regard to any and all aspects of the promotionmaking, manufacturing, marketing, distributionadvertising, offering for promotion, sale, selling, importing distribution and exporting commercialization of the Product in the Field in the Territory, including all LabelingLabelling, marketing plans, marketing strategy, pricing decisions, and the nature and type of advertising and marketing materials, including all Promotional Materials (as defined in Section 6.4(a)). (b) Materials. Subject to the terms of this Agreement, including Sections 2.3(lStrata agrees to: (i) and 2.5, Fujisawa agrees to use Commercially Reasonable Efforts to manufacturemarket, advertise, promote, marketsell, distribute, offer for sale, sell, and import and export commercialize the Product in the Indication in the Field in the United States. Without limiting the generality Territory; and (ii) commence commercial sales of Section 2.5, Fujisawa shall have no obligation to manufacture, promote, market, distribute, offer for sale, sell, or import and export the Product for any other indication. in each country in the Territory within six (c6) Fujisawa months after receiving a copy of each of the relevant Marketing Authorization. Strata shall promptly advise Cardiome Micrologix of any issues of which Fujisawa Strata becomes aware that materially and adversely affect Fujisawa’s Strata's ability to develop, manufacture, promote, market, distribute, offer for sale, sell, export market or import sell the Product in the Territory. In such event, senior executives of Fujisawa Strata and Cardiome Micrologix shall meet and in good faith discuss what actions should be taken in light of such issues. If the Parties cannot resolve any such issue, either Party may invoke the dispute resolution procedure in Section 14.1. (d) Fujisawa Article 14. Strata shall provide Cardiome Micrologix prompt notice of the following events during the Term: (i) the First Commercial Sale of a Product in the Field in each country in the Territory, if and when such occurrence takes place; and (ii) when the milestones as provided any milestone referred to in Section 4.2 have 4.3, Section 4.4, Section 4.5, or Section 4.6 has occurred; and (iii) any written publications generated from a SXX Study(ies) or Post Marketing Commitment(s) prior to publication, on the terms set out in Section 8.2.

Marketing Efforts. (a) Fujisawa Subject to Section 2.4(a) and Section 5.3(f), Strata shall: (i) have the exclusive right, at its cost, to promotemake, manufacture, market, distributeadvertise, offer for salepromote, sell, import distribute, and export commercialize the Product in the Field in the Territory; (ii) be solely responsible for using Commercially Reasonable Efforts, for the promotionmaking, manufacture, marketing, distributionadvertising promotion, offering for sale, selling, importing distribution and exporting commercialization of the Product in the Field in the Territory; and (iii) have the sole responsibility and decision making authority using Commercially Reasonable Efforts with regard to any and all aspects of the promotionmaking, manufacturing, marketing, distributionadvertising, offering for promotion, sale, selling, importing distribution and exporting commercialization of the Product in the Field in the Territory, including all LabelingLabelling, marketing plans, marketing strategy, pricing decisions, and the nature and type of advertising and marketing materials, including all Promotional Materials (as defined in Section 6.4(a))Materials. (b) Subject to the terms of this Agreement, including Sections 2.3(lStrata agrees to: (i) and 2.5, Fujisawa agrees to use Commercially Reasonable Efforts to manufacturemarket, advertise, promote, marketsell, distribute, offer for sale, sell, and import and export commercialize the Product in the Indication in the Field in the United States. Without limiting the generality Territory; and (ii) commence commercial sales of Section 2.5, Fujisawa shall have no obligation to manufacture, promote, market, distribute, offer for sale, sell, or import and export the Product for any other indicationin each country in the Territory within six (6) months after receiving a copy of each of the relevant Marketing Authorization. *** 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. (c) Fujisawa Strata shall promptly advise Cardiome Micrologix of any issues of which Fujisawa Strata becomes aware that materially and adversely affect FujisawaStrata’s ability to develop, manufacture, promote, market, distribute, offer for sale, sell, export market or import sell the Product in the Territory. In such event, senior executives of Fujisawa Strata and Cardiome Micrologix shall meet and in good faith discuss what actions should be taken in light of such issues. If the Parties cannot resolve any such issue, either Party may invoke the dispute resolution procedure in Section 14.1Article 14. (d) Fujisawa Strata shall provide Cardiome Micrologix prompt notice of the following events during the Term: (i) the First Commercial Sale of a Product in the Field in each country in the Territory, if and when such occurrence takes place; and (ii) when the milestones as provided any milestone referred to in Section 4.2 have 4.3, Section 4.4, Section 4.5, or Section 4.6 has occurred; and (iii) any written publications generated from a SXX Study(ies) or Post Marketing Commitment(s) prior to publication, on the terms set out in Section 8.2.

Marketing Efforts. (a) Fujisawa Subject to Section 2.4(a) and Section 5.3(f), Strata shall: (i) have the exclusive right, at its cost, to promotemake, manufacture, market, distributeadvertise, offer for salepromote, sell, import distribute, and export commercialize the Product in the Field in the Territory; (ii) be solely responsible for using Commercially Reasonable Efforts, for the promotionmaking, manufacture, marketing, distributionadvertising promotion, offering for sale, selling, importing distribution and exporting commercialization of the Product in the Field in the Territory; and (iii) have the sole responsibility and decision making authority using Commercially Reasonable Efforts with regard to any and all aspects of the promotionmaking, manufacturing, marketing, distributionadvertising, offering for promotion, sale, selling, importing distribution and exporting commercialization of the Product in the Field in the Territory, including all LabelingLabelling, marketing plans, marketing strategy, pricing decisions, and the nature and type of advertising and marketing materials, including all Promotional Materials (as defined in Section 6.4(a))Materials. (b) Subject to the terms of this Agreement, including Sections 2.3(lStrata agrees to: (i) and 2.5, Fujisawa agrees to use Commercially Reasonable Efforts to manufacturemarket, advertise, promote, marketsell, distribute, offer for sale, sell, and import and export commercialize the Product in the Indication in the Field in the United States. Without limiting the generality Territory; and (ii) commence commercial sales of Section 2.5, Fujisawa shall have no obligation to manufacture, promote, market, distribute, offer for sale, sell, or import and export the Product for any other indicationin each country in the Territory within six (6) months after receiving a copy of each of the relevant Marketing Authorization. (c) Fujisawa Strata shall promptly advise Cardiome Micrologix of any issues of which Fujisawa Strata becomes aware that materially and adversely affect FujisawaStrata’s ability to develop, manufacture, promote, market, distribute, offer for sale, sell, export market or import sell the Product in the Territory. In such event, senior executives of Fujisawa Strata and Cardiome Micrologix shall meet and in good faith discuss what actions should be taken in light of such issues. If the Parties cannot resolve any such issue, either Party may invoke the dispute resolution procedure in Section 14.1Article 14. (d) Fujisawa Strata shall provide Cardiome Micrologix prompt notice of the following events during the Term: (i) the First Commercial Sale of a Product in the Field in each country in the Territory, if and when such occurrence takes place; and (ii) when the milestones as provided any milestone referred to in Section 4.2 have 4.3, Section 4.4, Section 4.5, or Section 4.6 has occurred; and (iii) any written publications generated from a SXX Study(ies) or Post Marketing Commitment(s) prior to publication, on the terms set out in Section 8.2.