Marketing of the Product. VII.1 BIOVENTUS undertakes to use commercially reasonable efforts to launch the PRODUCT in the United States within [***] months from EFFECTIVE DATE.
VII.2 In marketing the PRODUCT, BIOVENTUS shall exercise the same diligence, which BIOVENTUS employs in marketing its own products of similar market potential, taking into account efficacy, safety, approved labeling, the competitiveness of alternative products in the marketplace, the patent and other proprietary position of the product, profitability, and other relevant factors commonly considered in similar circumstances.
VII.3 The PRODUCT shall be promoted in accordance with the therapeutic indications set forth in the FDA APPROVAL, as well as in compliance with any applicable law and regulation in force in the TERRITORY.
Marketing of the Product. The Company shall use best commercial efforts to market, distribute and sell the Product, stand alone or in combination with other products owned or licensed or distributed by Company, in the Territory during the Initial Term of this Agreement including any term extensions. All expenses incurred in connection with the formulation, promotion, marketing and advertising of the Product in the Territory shall be borne solely and exclusively by Company.
Marketing of the Product. COMPANY undertakes to launch the PRODUCT in the TERRITORY within **** months from the COMMENCEMENT DATE of this Agreement. COMPANY shall inform IBSA of the LAUNCHING DATE of the PRODUCT with a notice of at least ****.
Marketing of the Product. Product Manager
5.01 Within sixty (60) days after the Effective Date, Biovail shall appoint a Product Manager experienced in the marketing of pharmaceutical products in Canada as the person primarily responsible for the co-ordination of the Marketing of the Product in Canada. The Product Manager shall be responsible for dealing on a day to day basis with the personnel of Hemispherx responsible for the Product. Biovail may, at any time by written notice to Hemispherx, replace that Product Manager without the consent of Hemispherx. The Product Manager may from time to time and in the sole discretion of Biovail delegate certain aspects of his/her responsibilities to other employees of Biovail. Canadian Pre-marketing Studies
5.02 Biovail shall use its commercially reasonable best efforts to enlist at least 10 physicians to assist in conducting pre-marketing studies for the Canadian Emergency Release ("ER") program. Biovail shall encourage those physicians to enroll a total of at least 40 patients suffering from CFS in the Canadian ER program within 12 months after the date that all regulatory requirements for the Canadian ER program have been fulfilled. Biovail's Marketing Obligations
5.03 Biovail shall introduce the Product within ninety (90) days after the issue of an NOC for the Product, subject to receipt of commercial supplies of the Product from Hemispherx.
5.04 Biovail shall use diligent efforts, and shall devote to Marketing the Product such resources as are necessary to create a Market for the Product in the Territory, including such Marketing, Detailing and continuing health education programs relating to the Product. Biovail shall conduct such additional activities as presentations at scientific and medical meetings using promotional materials, and other personal and non-personal efforts. Biovail shall organize regular symposia or scientific meetings, directed at opinion leaders in all metropolitan areas with the frequency required to keep these opinion leaders informed about new research data generated relating to the Product.
5.05 Subject only to the provisions of this Agreement, Biovail shall control and be responsible for the distribution and sale of the Product in the Territory. Biovail shall be responsible for the day-to-day Marketing decisions and activities including, without limitation, developing and implementing the Marketing plans for the Product and developing and implementing the tactical plans for all advertising, educational, sales a...
Marketing of the Product. 6.1 Provided that it is then commercially reasonable to Biovail to do so, Biovail shall by itself or through a Sub-Licensee Market the Product in Canada, the United States of America and in all other countries in which Regulatory Approval has been granted for the Product in the name of Biovail or an Affiliate within six (6) months of obtaining that Regulatory Approval for the Product.
6.2 Provided that it is then commercially reasonable to Biovail to do so, Biovail shall take all steps available to it to cause a Sub-Licensee to Market the Product in any countries in which Regulatory Approval has been granted for the Product in the name of that Sub-Licensee, within six (6) months of the receipt of Regulatory Approval in that country.
6.3 Biovail shall deliver to the Licensors at the end of each calendar quarter a report setting the countries in which Applications for Regulatory Approval for the Product have been filed, Sub-Licenses to Market the Product have been entered into, and the Product is being Marketed.
6.4 The provisions of paragraphs 6.1 to 6.3 shall apply to any Additional Product developed by Biovail.
Marketing of the Product. All marketing of the Product must be within the guidelines provided within Exhibit 1.2 within this agreement. The Reseller can use internally developed material for marketing and advertising on Social Media platforms only. All Product related content on the Reseller’s website and retail locations must be official “memobottle™” material obtained from Memobottle. Refer to Exhibit 1.2 for the source of Product related advertising and marketing material. Any deviation from these requirements may result in immediate termination of the agreement by Memobottle via written communication.
Marketing of the Product. 36.01 ARS acknowledges that Recordati shall be free to Commercialize the Product under either the ARS Trademarks or the Recordati Trademarks.
36.02 Recordati shall use Commercially Reasonable Efforts to:
(i) act with a view to maximizing the sales of the Product within the Territory;
(ii) keep ARS informed of any material changes in the Applicable Laws relating to the marketing activity of the Product to End-Users; and
(iii) refrain to market and/or sell the Product within territories other than the Territory.
(iv) No later than the date of approval of the Marketing Authorization, to prepare a preliminary non-binding Commercialization plan for the marketing, promotion and pricing of Products during the first [***] after expected First Launching Date in the Territory, which plan shall be reasonable in scope and detail. Such plan will be updated on a yearly basis, and Recordati shall provide updates to ARS regarding Commercialization activities.
Marketing of the Product. Beginning on the later of the US Implant Date or January 1, 2021, Distributor agrees to use its best efforts and devote such time as may be necessary to promote, distribute and sell the Product that Distributor distributes in the Territory. Subject to Section 4(d), Distributor agrees to, at its cost and expense: (i) employ or contract, directly or indirectly, a sufficient number of trained (by Supplier, as set forth in Section 4(d), at Distributor’s request), and qualified personnel to promote and sell the Product in the Territory; and (ii) maintain a professional sales and service organization as necessary to sell the Product in the Territory and provide training and customer service for the Product in the Territory. Following the later of the US Implant Date or January 1, 2021, Distributor will meet the Minimum Sales Condition and the Minimum Implant Condition as set forth in EXHIBIT B attached hereto.
Marketing of the Product. (A) The Distributor undertakes, directly or through a permitted sub-distributor, co-distributor or permitted assign in accordance with Article XVIII(C) hereof, at all such times as this Agreement remains in force and at its sole cost and expense, to promote the Products actively, diligently and aggressively throughout the Marketing Area and, to this end, the Distributor shall, inter alia:
(1) create, develop and put into effect a marketing campaign in respect of the Products in the Marketing Area; and
(2) maintain an office with sufficient secretarial, telephone and telex facilities and services for same; and
(3) submit, semi-annually, a report to Medis describing, generally, (i) the Distributor's promotional and sales activities (including quotations and sales data) during the immediately preceding half-year, (ii) the Distributor's plans and projections regarding the forthcoming period; (iii) data received by the Distributor concerning the use of the Products within the Marketing Area and a description indicative of customer comments or complaints, whether written or oral, received by the Distributor in respect of the Products, and (iv) any information of which Distributor becomes aware relating to the development and/or marketing of products or technologies which are likely to compete with the Product or Test Kits; and
(4) use only personnel who, in the Distributor's reasonable judgment, are highly qualified and trained for the promotion, sale, servicing and support of the Products in the Marketing Area and employ a number of said personnel who, in the Distributor's reasonable judgment, are sufficient to cover the Marketing Area fully; and
(5) submit to Medis for review and approval any sales or promotional literature to be used by the Distributor in the marketing of the Products (provided the materials shall be deemed approved if no response is received within thirty (30) days of submission thereof).
(B) In support of the overall marketing effort hereunder, within a reasonable time after approval of the Products by the United States Food and Drug Administration ("FDA Approval"), the Distributor shall maintain a team of at least two (2) maintenance personnel and two (2) experts in biology (in each case, who may be consultants) to train and support the customers in the Marketing Area.
(C) Medis shall, during the term of this Agreement, keep the Distributor currently advised of Medis' sales policies, and provide the Distributor with at least 6 months' prio...
Marketing of the Product. 11.1 Wyeth-Ayerst shall use [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] efforts to promote the sales of the Product in the Territory.
11.2 As soon as practical before NDA approval, and by the first day of each calendar year at the latest, Wyeth-Ayerst shall provide Neurogen with Wyeth- Ayerst's good faith sales forecast for the forthcoming two (2) year period. Such forecast shall include Wyeth-Ayerst's intended promotional activities for each ensuing year of reference. Thereafter on an annual basis until the sixth year of sales in major countries of the world, Wyeth-Ayerst will continue to provide to Neurogen such rolling two (2) year sales forecasts.
11.3 In its written and verbal information to the medical profession and patients, Wyeth-Ayerst shall represent the Product in a manner consistent with the Technological Data.
