No Exclusivity Period Sample Clauses

No Exclusivity Period. We have shown that an exclusivity period for the winning challenger is not a sufficient condition for P2D deals: in the analysis above, κ ≥ κ∗ is also required when there are many challengers. Here we argue that it is not a necessary condition for P2D deals either. We do so by removing the duopoly period for the winning generic and show that P2D deals are still possible. Consider the payoffs for all players if the jth challenger wins the court case and all the remaining J −j challengers can enter immediately in period one for free (i.e., without any litigation costs). Then building on our specification where the profits for firms can be approximated as in a triopoly (the brand and the first entrant earn profits of the first two firms in a triopoly ΠT# or ΠT# and the profit of all the remaining entrants is equal to the profit of the third firm in a triopoly divided by the number of J − j entrants ΠT#/(J − j)), the payoffs in the ΓDT change as shown in 3 j below. Specifically, if the brand does not launch an AG (but all other challengers can enter in period one), the potential profits for the winning jth challenger change from (ΠD0 + ΠT0) to (ΠT0 + ΠT0), while 3 if an AG is launched, they change from (ΠT1 + ΠT0/(J − 1)) to (ΠT1/(J − j) + ΠT0/(J − 1)) (the 1 remaining challengers also earn positive amounts rather than zero in the first period). Since the expected profit of the challenger reduces from earing duopoly based rents to a competitive triopoly (see figure 5), this in turn lowers the payment required to keep the challenger out of the market. Similarly, if the branded firm does not launch an AG, its profits also decrease from ΠD0 in period 1 to ΠT0. However, ΠT0 ≤ V˜T 1 for all values of κ even if it does not charge a licensing fee (since it can coordinate on the price with an AG). Effectively, as before, the brand chooses between having one more firm that produces the drug as the first entrant AG with first mover advantage, or one less j Figure 8. Game Tree ΓN,N1: T0 Vs T1 firm in an N-oploy but with no option to coordinate on price or charge a licensing fee. Consequently, the threat to launch an AG is credible for all values of κ and it is cheaper to pay off a challenger, making P2D deals still possible.
Sample 1
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Related to No Exclusivity Period

  • No Exclusivity The remedies provided for in this Section 2.09 are not exclusive and shall not limit any rights or remedies which may be available to any indemnified party at law or in equity or pursuant to any other agreement.

  • Non-Exclusivity The services of the Adviser to the Manager, the Allocated Portion and the Trust are not to be deemed to be exclusive, and the Adviser shall be free to render investment advisory or other services to others and to engage in other activities. It is understood and agreed that the directors, officers, and employees of the Adviser are not prohibited from engaging in any other business activity or from rendering services to any other person, or from serving as partners, officers, directors, trustees, or employees of any other firm or corporation.

  • Exclusivity Without prejudice to the Company’s rights under Section 5.4, the Company agrees not to appoint any other depositary for issuance of depositary shares, depositary receipts or any similar securities or instruments so long as The Bank of New York Mellon is acting as Depositary under this Deposit Agreement.

  • License Term The license term shall commence upon the License Effective Date, provided, however, that where an acceptance or trial period applies to the Product, the License Term shall be extended by the time period for testing, acceptance or trial.

  • Royalty Term On a country-by-country and Licensed Product-by-Licensed Product basis, royalty payments in the Territory shall commence upon the first commercial sale of such Licensed Product, whether such sale is to a Public Purchaser, Governmental Authority or private entity or person and whether such sale is made under an EUA or Key Approval, in such country in the Territory and will terminate upon the later of: (a) the expiration, invalidation or abandonment date of the last Valid Claim of the Patents in the country of sale or manufacture of such Licensed Product in the Territory or (b) expiration of regulatory exclusivity of such Licensed Product in such country of sale in the Territory (the “Royalty Term”).

  • Minimum Term Each Service will continue for its specified Minimum Term and thereafter for any Renewal Term(s) unless notice to terminate the Service is given in accordance with this Agreement.

  • License Period The license granted hereunder shall be effective and terminate as of the dates specified in Schedule D attached hereto, unless sooner terminated or renewed in accordance with the terms and conditions hereof.

  • Non-Exclusivity of Rights Nothing in this Agreement shall prevent or limit the Executive's continuing or future participation in any plan, program, policy or practice provided by the Company or any of its affiliated companies and for which the Executive may qualify, nor, subject to Section 12(f), shall anything herein limit or otherwise affect such rights as the Executive may have under any contract or agreement with the Company or any of its affiliated companies. Amounts which are vested benefits or which the Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with the Company or any of its affiliated companies at or subsequent to the Date of Termination shall be payable in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement.

  • Contract Term Extension “Contract Term Extension” means an extension of the term of this contract, at the request of Purchaser, under this Subsection. This Subsection does not obligate Contracting Officer to grant Contract Term Extension. When such extension is made, Forest Service shall make an appraisal using standard Forest Service methods and appraisal data in effect 45 days prior to the original Termination Date. Bid Premium Rates shall be added to such appraised rates to establish Flat Rates or Tentative Rates for the extension period. In event rates so established would develop Current Contract Value immediately prior to such an extension that is less than Current Contract Value at that time, Flat Rates and Tentative Rates in effect immediately prior to extension shall be retained for the extension period. In consideration for granting an extension, Purchaser shall pay the Government for Purchaser’s failure to cut and remove timber meeting Utilization Standards prior to Contract Term Extension, an amount that shall be the total of the costs to the Government resulting from the delay in harvest of Included Timber. Such costs will be determined by Forest Service and shall include, but not be limited to, the following:

  • License Duration The duration of your license to a Product will be for a perpetual or limited term, as specified on an order. Subject to the terms of this Agreement and the applicable order, (a) if a “Perpetual” interval is specified for a Product, you will receive a license to that Product in perpetuity; and (b) if a “License Term” is specified on an order, you will receive a license to the Products listed on that order for the period specified on the order, commencing on the date of delivery of those Products.

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