Prior to Commercial Launch Clause Samples

Prior to Commercial Launch. At any time prior to August 1, 2023, the Parties may mutually agree that the PMDA is unlikely to grant approval of the MAA for the Product in any cancer indication in the Collaborator Territory. In such event, the Parties may agree to terminate this Agreement by mutual written agreement, such agreement to include a mutually acceptable plan to wind down and terminate the Agreement. Commencing on August 1, 2023, Collaborator shall have the right to terminate the Agreement without cause upon [ * ] prior written notice to Exelixis if the PMDA has not granted approval of the MAA for the Product in any cancer indication in the Collaborator Territory. For the purpose of this Section 14.3(a), if the PMDA grants such MAA Approval conditioned on the performance of additional Phase 3b or other studies, then the PMDA shall be deemed to have granted approval of such MAA. For clarification, this Section 14.3(a) shall not be construed as limiting a right of termination under Section 14.2.
Prior to Commercial Launch. Prior to the First Commercial Sale of the Product in the Licensed Territory, AMAG shall provide 3SBio with copies of all current training material, including all amendments and revisions thereof, used by AMAG for the purposes of marketing and selling the Product in the AMAG Territory. 3SBio shall be responsible for translating such training materials and training the Sales Representatives on the Product prior to commercial launch of the Product in the Licensed Territory; provided, that AMAG shall provide reasonable assistance with such training, as may be mutually agreed by the Parties. 3SBio shall be responsible for all expenses related to such training, including travel, lodging, meals and salary and benefits of Sales Representatives during the training period.