Performance and Diligence Sample Clauses
The Performance and Diligence clause requires parties to carry out their contractual obligations with a certain standard of care, skill, and attention. In practice, this means that each party must perform their duties in a timely and competent manner, often comparable to what is expected in their industry or profession. For example, a contractor would be expected to complete work according to professional standards and within agreed timelines. This clause ensures that both parties are held accountable for the quality and timeliness of their performance, reducing the risk of subpar work or negligent behavior.
Performance and Diligence. Licensee shall have reasonable practices to insure the quality and reputation of the Licensed Variety: a) Licensed Variety may be sold only as Certified Seed (or equivalent); b) Licensees must include a notice when listing in catalogs that the Licensed Variety is protected under applicable certificate number or equivalent; c) Licensee will implement and monitor quality assurance standards as detailed in 6.1 and 6.2 for all contract growers authorized for commercial use of Licensed Variety; d) All production of seed of the Licensed Variety that fails to meet Seed Certification Standards as detailed in 6.1 and 6.2 GOVERNMENT MATTERS AND QUALITY ASSURANCE shall be used or marketed only for food or animal feed purposes, and no royalty shall be owed on such sales provided that, on an annual basis, the amount of seed sold for such purposes does not exceed 20% of the total production by Licensee.
Performance and Diligence. GROWER shall take reasonable steps, and shall incorporate reasonable practices to insure the quality and reputation of the Licensed Product, which steps and provisions will include, as applicable: (a) the Licensed Products may be sold only as foundation, registered, or certified seed (or equivalent); (b) GROWER must ▇▇▇▇ all packages and/or invoices for Licensed Products with applicable indicators of identity (i.e., variety name, certificate numbers); (c) GROWER’s applicable catalogs, advertising and/or other commercial documents must include a notice that the Licensed Products are protected under applicable certificate number(s) (or equivalent); (d) GROWER will implement and monitor quality assurance standards for all contract growers authorized for Commercial Use of Licensed Product; (e) GROWER will ensure that any Licensed Products it uses, sells, transfers or otherwise disposes of are not defective and satisfy all applicable federal, state, and local statutes, rules, and regulations. PVMI, or its authorized representatives, have reasonable rights of inspection over GROWER’s operations for the purpose verifying GROWER’s compliance with the terms of this Agreement.
Performance and Diligence. Can-▇▇▇▇ or its sublicensee shall be solely responsible for the development of, and obtaining regulatory approval for the Licensed Compounds in the Licensed Field of Use in the Licensed Territory. Can-▇▇▇▇ shall prepare a development plan that shall incorporate the elements and timelines listed in Appendix E, and submit this plan to Aderis within 45 ---------- days of the effective date of this agreement. Can-▇▇▇▇ shall use its best efforts to diligently prosecute this plan for the duration of this agreement. This plan and the periods detailed in Appendix E may be subsequently modified by ---------- mutual written agreement.
Performance and Diligence. 4.16.1 Each Party shall use Commercially Reasonable Efforts to perform all Development activities for which it is responsible under this Agreement. Without limiting the foregoing, Versartis shall use Commercially Reasonable Efforts to complete the existing studies set forth in Section 4.2 and any additional studies necessary as set forth in Section 4.3, and Teijin shall use Commercially Reasonable Efforts to conduct its allocated tasks under any Joint Development Work and all Independent Development Work for which Teijin is the Proposing [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Performance and Diligence. 4.10.1 Astellas shall use Commercially Reasonable Efforts to Develop, and to prepare and file the MAA (and any amendment thereto) for and seek and maintain Regulatory [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. EXECUTION VERSION Approval for, the Products in the Licensed Territory, and, without limiting the generality of the foregoing, in each of the Specified Countries. Astellas shall give Aquinox written notice within [***] Business Days following any determination by Astellas to cease Development of any Product in any Specified Country, which notice shall be deemed to be a notice of termination of this Agreement pursuant to Section 14.2.1.2 with respect to such Product in such Specified Country.
4.10.2 Each Party shall perform its Development activities relating to the Compounds and Products in accordance with all Applicable Laws.
4.10.3 Astellas may not conduct any Development activities with respect to any Product that are not set forth in a Development Plan approved by the JSC, or that are inconsistent with this Agreement, without Aquinox’s prior written consent.