Common use of Marketing of the New Product Clause in Contracts

Marketing of the New Product. Medicis shall have the sole right to make, use, sell, distribute, market, exploit or otherwise commercialize the New Product. Medicis shall use Diligent Efforts to obtain Regulatory Approval for the New Product in the Territory. Medicis’ efforts with respect to the commercialization of the New Product shall be in the sole discretion of Medicis. Impax acknowledges and agrees that it shall have no right under this Agreement to make, have made, use, sell, distribute, market, exploit or otherwise commercialize the New Product except in the course of performing its obligations under the Development Program.