Product Development Rights Sample Clauses

Product Development Rights. (a) Subject to the last sentence of this Section 3.1(a), in the [CONFIDENTIAL TREATMENT REQUESTED] following the Closing of the Supplemental Agreement, Alliance shall have the right (a “Product Development Right”) to (i) select, on a [CONFIDENTIAL TREATMENT REQUESTED] for development and commercialization of products in the Inhale Field which are manufactured by means of or incorporate PulmoSphere® Technology, MediSpheres™ Technology, and/or Bioavailability Technology, or (ii) initiate Phase II trials on up to four products in the Inhale Field which are manufactured by means of or incorporate PulmoSphere® Technology, MediSpheres™ Technology, and/or Bioavailability Technology, whichever comes first. Alliance may not exercise Product Development Rights under this Section without first obtaining from Inhale a Product Development Rights License under the procedures set forth in Section 3.2 of this Agreement. Alliance shall not have the right to exercise any additional Product Development Rights granted to Alliance under this Agreement following the earliest of (i) the date on which Alliance has initiated development on [CONFIDENTIAL TREATMENT REQUESTED]; (ii) the date on which Alliance has initiated Phase II trials on four products; or (iii) [CONFIDENTIAL TREATMENT REQUESTED] from the Closing Date of the Supplemental Agreement (although none of these events shall disrupt the continuing exercise of Product Development Rights that have been initially exercised prior thereto). Alliance’s Product Development Rights granted under this Agreement are subject to termination as provided in Section 9.7 of the Asset Purchase Agreement.
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Product Development Rights. Subject to all terms, conditions, and limitations of this Agreement, BioLargo hereby grants to BTLI the exclusive worldwide right to expand and improve upon the existing BioLargo Products, to conduct research and development activities to create new products for market, and to contract with third parties for such research and development activities. Any new products created by BLTI resulting from these efforts shall be owned solely by BLTI.
Sample 1
Product Development Rights. In the event Lexicon exercises its rights in accordance with Section 2.3(b) above after [**], Takeda shall deliver to Lexicon copies of all data, information, registrations and applications therefor that are existing and available and reasonably necessary to enable Lexicon to pursue the development and commercialization of (i) such Product(s) and (ii) related back-up Pharmaceutical Compounds acting through the Selected Target that are covered by the same IND or for which a separate IND has been filed. Lexicon shall have the right, within the period of [**] following Takeda's delivery of such copies, to obtain an exclusive (even as to Takeda) license from Takeda for the research, development and commercialization of such Products and related back-up Pharmaceutical Compounds acting through such Selected Target, including, without limitation, all Patent claims and other intellectual property rights therein, by delivering written notice thereof to Takeda, subject to the milestone and royalty payment obligations set forth in Section 5.6 and Takeda's right in Section 4.6. With respect to each Selected Target and related Products and related back-up Pharmaceutical Compounds for which Lexicon exercises its right under this Section 2.3(c) to obtain an exclusive license, Takeda promptly shall prepare and deliver to Lexicon all materials and copies of all data and information, and shall assign and transfer to Lexicon all registrations and applications therefor relating to such Product and related back-up Pharmaceutical Compounds, and Lexicon shall reimburse Takeda's reasonable expenses in connection therewith. Notwithstanding the foregoing, except as and to the extent as may be expressly agreed by Takeda, (a) the exclusive license granted to Lexicon in accordance with this Section 2.3(c) for the research, development and commercialization of a Product(s) and related back-up Pharmaceutical Compounds shall not include rights under any Patent Controlled by Takeda or an Affiliate of Takeda to [**], and (b) Lexicon shall not [**] except to the extent permitted under such license until [**].
Sample 1

Related to Product Development Rights

  • Product Development SB shall have responsibility for, and control of, the development and commercialization of each Product arising from this Agreement, including process development, delivery system and formulation development, preclinical studies, clinical studies, sales and marketing.

  • Development Rights The Employee agrees and declares that all proprietary information including but not limited to trade secrets, know-how, patents and other rights in connection therewith developed by or with the contribution of Employee's efforts during his employment with the Company shall be the sole property of the Company. Upon the Company's request (whenever made), Employee shall execute and assign to the Company all the rights in the proprietary information.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Research Neither the Investor nor any Affiliate of the Investor shall have, in the prior thirty (30) days, published or distributed any research report (as such term is defined in Rule 500 of Regulation AC) concerning the Company.

  • Development of Products (a) During the term of this Agreement, ViewRay may from time to time seek services from PEKO with respect to the development of certain Products that can be incorporated into the ViewRay Renaissance™ MRI-guided radiation therapy system. For each Program to be undertaken by PEKO pursuant to this Agreement, the parties will prepare a “Work Statement” and agree to said “Work Statement” in substantially the form attached as Attachment 1. Each Work Statement will describe: (i) the (i) services that PEKO will be responsible for providing to ViewRay and the deliverables that PEKO will be responsible for delivering to ViewRay (“Deliverable(s)”), (ii) delivery schedule for the Deliverables, (iii) pricing terms, (iv) work plan for the Program, and (v) ViewRay’s responsibilities in connection with the Program. Each Work Statement will be prepared based upon the requirements and information provided to PEKO by ViewRay. A separate Work Statement will be required for each Program; and each Work Statement will become subject to this Agreement only when mutually agreed and signed by ViewRay and PEKO.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Development and Commercialization Subject to Sections 4.6 and 4.7, Fibrocell shall be solely responsible for the development and Commercialization of Fibrocell Products and Improved Products. Fibrocell shall be responsible for all costs incurred in connection with the Fibroblast Program except that Intrexon shall be responsible for the following: (a) costs of establishing manufacturing capabilities and facilities in connection with Intrexon’s manufacturing obligation under Section 4.6 (provided, however, that Intrexon may include an allocable portion of such costs, through depreciation and amortization, when calculating the Fully Loaded Cost of manufacturing a Fibrocell Product, to the extent such allocation, depreciation, and amortization is permitted by US GAAP, it being recognized that the majority of non-facilities scale-up costs cannot be capitalized and amortized under US GAAP); (b) costs of basic research with respect to the Intrexon Channel Technology and Intrexon Materials (i.e., platform improvements) but, for clarity, excluding research described in Section 4.7 or research requested by the JSC for the development of a Fibrocell Product or an Improved Product (which research costs shall be reimbursed by Fibrocell); (c) [*****]; and (d) costs of filing, prosecution and maintenance of Intrexon Patents. The costs encompassed within subsection (a) above shall include the scale-up of Intrexon Materials and related active pharmaceutical ingredients for clinical trials and Commercialization of Fibrocell Products undertaken pursuant to Section 4.6, which shall be at Intrexon’s cost whether it elects to conduct such efforts internally or through Third Party contractors retained by either Intrexon or Fibrocell (with Intrexon’s consent).

  • Development Work Do, or cause to be done, such development and other work as may be reasonably necessary to protect from diminution and production capacity of the Mortgaged Property and each producing well thereon.

  • Commercialization Plans As soon as practicable after formation of the JCC (following Acucela’s exercise of an Opt-In Right under Section 3.1), the JCC shall prepare and approve the initial Commercialization Plan for Commercialization of the Licensed Product for the Initial Indication in the Initial Formulation (and, if applicable, any New Formulation or Other Indication Product) in the Territory. The Parties shall use Commercially Reasonable Efforts to ensure that such initial Commercialization Plan for Commercialization of the Licensed Product for the Initial Indication in the Initial Formulation is consistent with the general Commercialization Plan outline set forth in Exhibit C attached hereto and incorporated herein (the “General Commercialization Plan Outline”). The JCC shall prepare and approve a separate Commercialization Plan for Commercialization of Licensed Product for the Initial Indication in the Initial Formulation in the Territory and for Commercialization of each Other Indication Product and New Formulation (if any) in the Territory, and shall update and amend each Commercialization Plan not less than annually or more frequently as needed to take into account changed circumstances or completion, commencement or cessation of Commercialization activities not contemplated by the then-current Commercialization Plan. Amendments and revisions to the Commercialization Plan shall be reviewed and discussed, in advance, by the JCC, and Otsuka agrees to consider proposals and suggestions made by Acucela regarding amendments and revisions to the Commercialization Plan. Any amendment or revision to the Commercialization Plan that provides for an increase or decrease in the number of FTEs for any Phase 3b Clinical Trials or Post-Approval Studies as compared to the previous version of the Commercialization Plan, or that provides for addition or discontinuation of tasks or activities as compared to the previous version of the Commercialization Plan, or that moves forward the timetable for activities reflected in the Commercialization Plan, shall provide for a reasonable ramp-up or wind-down period, as applicable, to accommodate a smooth and orderly transition of Commercialization activities to the amended or revised Commercialization Plan. Each Commercialization Plan shall identify the goals of Commercialization contemplated thereunder and shall address Commercialization (including Co-Promotion) activities related to the Licensed Product (including, if applicable, any Other Indication Product), including:

  • Commercialization Activities Within North America, the Parties will use Commercially Reasonable Efforts to Commercialize Licensed Products in the Field. In addition, within North America and subject to Section 2.7.6, the Parties will use Commercially Reasonable Efforts to conduct the Commercialization activities assigned to them pursuant to the Commercialization Plan/Budget, including the performance of detailing in accordance therewith. In conducting the Commercialization activities, the Parties will comply with all Applicable Laws, applicable industry professional standards and compliance policies of Celgene which have been previously furnished to Acceleron, as the same may be updated from time to time and provided to Acceleron. Neither Party shall make any claims or statements with respect to the Licensed Products that are not strictly consistent with the product labeling and the sales and marketing materials approved for use pursuant to the Commercialization Plan/Budget.

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