Common use of New Versions of the FreeStyle Products Clause in Contracts

New Versions of the FreeStyle Products. TheraSense shall notify -------------------------------------- Nipro as soon as reasonably feasible of any new versions of the FreeStyle Products that TheraSense intends to make available for commercial sale in the Territory (each a "New Version"); provided, it is understood and agreed that New Versions shall not include any implantable glucose sensors developed and/or commercialized by TheraSense. Upon TheraSense's notice to Nipro of the availability of a particular New Version, the parties shall use their best efforts to agree on transfer prices and other terms under which Nipro may obtain the right to market and sell such New Version in the Territory. In the event the parties are unable to agree on such terms within *** of TheraSense's notice to Nipro, such New Versions shall not be added to this Agreement and TheraSense shall be free to market and promote such New Version in the Territory; provided, TheraSense shall not enter into a written agreement with or sell to any third party to resell such New Version in the Territory for transfer prices and terms more favorable to such third party than the final transfer prices and terms rejected by Nipro.