Position of the Details to be Provided. During the first [*****] Post-Launch of the Lead Product for its first Indication, at least [*****] of the PDEs provided by the Parties’ Sales Representatives shall be Primary Position Details, unless otherwise agreed to by the Parties. Thereafter, the Pre-Launch US Commercialization Plan and Budget or Annual US Commercialization Plan and Budget shall determine the allocation of PDEs between Primary Position Details, Secondary Position Details and Tertiary Position Details for the Lead Product, as well as for each Year post-Launch of any Additional Product or any Approved Additional Indication for an existing Co-Promotion Product. The Annual US Commercialization Plan and Budget or Pre-Launch US Commercialization Plan and Budget shall also set forth how each Party’s required annual PDEs shall be allocated on a Quarterly basis (the “Quarterly PDE Amount”) and, in the event a Party delivers in excess of [*****] of such Party’s Quarterly PDE Amount for a particular Quarter, then the number of such Party’s PDEs in excess of such [*****]% threshold shall be excluded from the calculation in determining if a Party’s obligations † [*****] REPRESENTS CONFIDENTIAL PORTION WHICH HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. 113 have been met with respect to such Party’s PDE requirements under this Agreement, including with respect to Section 5.5.6(b), and from the calculation of Allowable Expenses.
Position of the Details to be Provided. During the first [**] months post Launch, each of BMKK and MJ will provide [**] Primary Position Details for Final Product to the relevant targeted doctors on its call list, unless otherwise decided by the SCJ. Additionally, unless otherwise decided by the SCJ, each of BMKK and MJ will each thereafter provide (i) [**] Primary Position Details for Final Product, for a period of twelve (12) months following Approval of a new Indication, to the relevant targeted doctors on its call list with respect to such Indication; and (ii) [**] Primary Position Details for Final Product, for a period of twelve (12) months following Approval of a new line of therapy within an existing approved Indication, to the relevant targeted doctors on its call list with respect to such tumor type. Otherwise, except as may be agreed upon and set forth in the Annual Commercialization Plan and Budget, BMKK and MJ shall determine in their discretion their respective allocation of the required Annual PDEs between Primary Position Details and Secondary Position Details. In addition and subject to the foregoing:
