NICHE PRODUCTS Sample Clauses

NICHE PRODUCTS. BBDC may elect to store and ship additional products requested by IR, including private label products and other products that BBDC does not otherwise carry, upon payment of the Niche Product fees set forth on the cover page.
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NICHE PRODUCTS. From time to time after the conclusion of the Research Program, but no more than once per Contract Year, Millennium shall have the right to submit to Astra a written proposal relating to the development of a product for a specific indication (a "Specified Indication") in the Field (excluding the following indications: [**] and any other indication in the Field with respect to which Astra is actively pursuing [**]) (a "Niche Product Development Proposal"). Notwithstanding the foregoing, Millennium may not make a Niche Product Development Proposal which involves the use of a Candidate Gene, Validated Target or Validated Protein currently under active development by Astra in the Astra Research Program or the Astra Development Program. Each Niche Product Development Proposal shall include a preliminary development plan to identify and/or develop such a product as well as a description of known linkages between the Specified Indication and any Candidate Gene, Validated Target or Validated Protein. Astra shall provide Millennium with notification, within ninety (90) days after receipt of a Niche Product Development Proposal, indicating whether or not it has a good faith interest in evaluating further the Niche Product Development Proposal (an "Astra Preliminary Notice"). If Astra indicates in the Astra Preliminary Notice that it wishes to evaluate further the Niche Product Development Proposal, Astra shall undertake such evaluation in a reasonably expeditious manner. Astra shall provide Millennium with notification as soon as possible, but in no event later Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. than nine (9) months after the date of the Astra Preliminary Notice, whether it intends to develop a product for the Specified Indication set forth in the Niche Product Development Proposal (the "Astra Final Notice"). If either (i) the Astra Preliminary Notice indicates that Astra does not wish to evaluate the opportunity to develop a product for such Specified Indication or (ii) the Astra Final Notice indicates that Astra does not wish to develop a product for such Specified Indication, or (iii) if Astra does not provide the Astra Preliminary Notice or Astra Final Notice in the requisite time periods, Millennium shall have the co-exclusive right (with Astra) to develop (either alone or in collaboration with others) a product for the Specified Indication and shall have all requisite rig...
Sample 1
NICHE PRODUCTS. BBDC may elect to store and ship additional products -------------- requested by ISP, including private label products and other products that BBDC does not otherwise carry, upon due execution and delivery by ISP and BBDC of a Niche Products Agreement in the form of Schedule 1.2. ------------
Sample 1

Related to NICHE PRODUCTS

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Products 1.1. The information (including but not limited to the quantity, rated hashrate, unit price (“Unit Price”), total price for one item (“Total Price (One Item)”), total price for all the items (“Total Purchase Price”) of Products to be purchased by Party B from Party A is as follows (“Products”):

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Product The term “

  • Other Products After clinical or other evidence, provided in writing [***] to Company, demonstrating the practicality of a particular market or use within the LICENSED FIELD which is not being developed or commercialized by Company, Company shall either provide JHU with a reasonable development plan and start development or attempt to reasonably sublicense the particular market or use to a third party. If within six (6) months of such notification [***] Company has not initiated such development efforts or sublicensed that particular market or use, JHU may terminate this license for such particular market or use. This Paragraph shall not be applicable if Company reasonably demonstrates to JHU that commercializing such LICENSED PRODUCT(S) or LICENSED SERVICE(S) or granting such a sublicense in said market or use would have a potentially adverse commercial effect upon marketing or sales of the LICENSED PRODUCT(S) developed and being sold by Company.

  • Manufacture of Product Prior to commercialization of the Product, the Parties may, if appropriate for both parties, negotiate in good faith a manufacturing and supply agreement to provide for Licensor to fulfill the manufacturing requirements of Licensee for Product for sale in the European market. The cost of such manufacturing shall not be greater than * percent (*%) of the cost of any competitor cGMP contract manufacturing facility that proposes to manufacturer the Product for Licensee. * Confidential information has been omitted and filed confidentially with the Securities and Exchange Commission.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Supply of Products TheraSense shall be responsible for the ------------------ manufacture of FreeStyle Products for sale to Nipro.

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