Product Launch. This means the date on which first commercial-level shipping of the FEELit Mouse Product or any Product Model commences to third party unaffiliated customers of Logitech or a Logitech Affiliate.
Product Launch. It is estimated that the Development Work under the Non-Integrated Product Development Plan will be completed and the Product Launch Date will take place on or before September 30, 2010.
Product Launch. 5 1.34 Product Manufacturing Program . . . . . . . . . . . . . . . . . . . . . . . . 5 1.35 Product Process Development Program . . . . . . . . . . . . . . . . . . . . . 5 1.36
Product Launch. WCH shall not be required to Launch Products in any country unless it determines, in its sole discretion, to do so. If WCH does not, subject to supply by IMPAX of launch quantities of such Product pursuant to the forecasts set forth in Section 4.2, use Commercially Reasonable Efforts to Launch a Product in the OTC Field (i) in the United States within three (3) months, or (ii) in the another country in the Territory within five (5) months, following such Product having FTO Status for the OTC Field in such country, then IMPAX, at its option and as its sole and exclusive remedy, may, upon written notice to WCH, convert the licenses granted hereunder in such country for such Product under the IMPAX Patents and Technical Information to non-exclusive licenses (and thereby remove the restrictions placed on IMPAX in Section 2.3 for such Product in such country) unless within thirty (30) days after such written notice WCH Launches Product in the OTC Field in such country. Following the Launch of a Product in any country of the Territory, WCH shall use Commercially Reasonable Efforts to market such Product in such country; provided that nothing shall require WCH to continue marketing a Product in a country if WCH determines, in its sole judgment, that such Product may be subject to a regulatory or other legal action or infringe any intellectual property right of any Third Party in such country. WCH shall promptly notify IMPAX in writing of such discontinuance. If within thirty (30) days after receipt of IMPAX’s written request, WCH does not resume marketing such Product in such country, then IMPAX, at its option and as its sole and exclusive remedy, may, upon written notice to WCH, convert the licenses granted hereunder in such country for such Product under the IMPAX Patents and Technical Information to non-exclusive licenses (and thereby remove the restrictions placed on IMPAX in Section 2.3 for such Product in such country). If at anytime after Launch of a Product in a country, IMPAX reasonably believes that WCH is not using Commercially Reasonable Efforts to market such Product in such country, then IMPAX shall notify WCH and if WCH does not begin to use Commercially Reasonable Efforts to market such Product within such country within thirty (30) days after such written notice, then IMPAX, at its option and as its sole and exclusive remedy, may, upon written notice to WCH, convert the licenses granted hereunder in such country for such Product under the IMPAX P...
Product Launch. Licensee shall use Xxxxxxxx Commercially Reasonable Efforts to launch the Product for each Indication that has received Regulatory Approval and, if required by Applicable Law, Pricing and Reimbursement Approval in the Licensee Territory (including any Indication that received Regulatory Approval as a result of Ovid’s Independent Development Activities). As applicable, Licensee shall obtain all necessary Pricing and Reimbursement Approvals necessary to list and to launch such Product for such Indication following receipt of MAA Approval of such Product in a country. Without limiting the generality of the foregoing, Licensee shall use Xxxxxxxx Commercially Reasonable Efforts to launch the Product in each country in the Licensee Territory within [***] after receiving Regulatory Approval, or, where required by Applicable Law, after the publication of the Pricing and Reimbursement Approval, of the Product for an Indication from the applicable Regulatory Authority in such country. Thereafter, Licensee shall utilize Commercially Reasonable Efforts in the ongoing support for such Product in such country.
Product Launch. Without limiting its general obligations under Section 4.1, GENAISSANCE will exert its COMMERCIALLY REASONABLE EFFORTS to obtain, as rapidly as possible, all required pricing approvals and approvals of labelling and marketing materials for a PRODUCT and THERANOSTIC PRODUCTS in each MAJOR COUNTRY and each other country in which a GOVERNMENTAL APPROVAL for such PRODUCT and THERANOSTIC PRODUCTS has been granted, and to launch such PRODUCT in such country. Notwithstanding the foregoing, MERCK KGAA acknowledges that it may not be commercially reasonable for GENAISSANCE to seek pricing approvals or launch a PRODUCT or THERANOSTIC PRODUCT in every country.
Product Launch. (a) To the extent that Licensee has not launched the Commercialization Product in a given country as of the date that all applicable Regulatory Approvals for the Non-Fixed Dose Combination Product in such country (or other regulatory *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. jurisdiction) have been obtained, Licensee shall [***]; provided, that, Licensee will notify Lilly in writing within thirty (30) Business Days of all applicable Regulatory Approvals for the Non-Fixed Dose Combination Product being received with respect to such a country [***] in connection with the Commercialization of the Non-Fixed Dose Combination Product in such country. [***].
(b) Notwithstanding Section 5.2.3(a), by no later than the date upon which Licensee files for Regulatory Approvals of a Product in the United States, Licensee will notify Lilly of where Licensee intends to pursue Regulatory Approval outside of the United States for such Product and will discuss such plans with Lilly in good faith.
Product Launch. Upon the sooner of (1) Licensee raising sufficient capital to bring any Licensee Developed Product to market or (2) October 31, 2008, Licensee shall pay to Licensor in cash the sum of $55,000.
Product Launch. 7.1 EMS shall launch the Product within following the Effective Date. The first actual sale shall be communicated to SONOMA by EMS within 15 (fifteen) days.
7.2 Should the launch of a Product or Finished Product not be feasible for reasons beyond either Party’s reasonable control (e.g. competent Governmental Authorities refuse to issue the Marketing Authorization) neither Party shall be entitled to claim any damages or compensation from the other Party as a result of the partial termination of this Agreement for such Product. The Agreement shall remain in full force and effect in relation to any other Product or Finished Product provided herein and to which this Agreement were not partially terminated.
Product Launch. E-Z-EM shall initiate distribution or marketing of GADOLITE(R) in each country in the Territory promptly upon receipt of all Marketing Authorizations but in no event later than 120 days following receipt of all Marketing Authorizations required by that country. E-Z-EM's obligation under this Subsection 3.1 is subject to the availability of Adequate Supply. If E-Z-EM does not initiate such distribution or marketing in any such country within such period and there was Adequate Supply during all of such period, Pharmacyclics shall have the right to invoke Section 10.2, provided, however, that if E-Z-EM fails to cure such breach, Pharmacyclics' sole and exclusive remedy shall be to remove such country from the Territory. The 120 days provided for in this Section 3.1 shall be in lieu of the time periods provided for in Section 10.2 for cure of any material breach. In the event Pharmacyclics invokes 10.2, the removal of such country shall be carried out in accordance with the provisions of Section 10.6 which are relevant to this Agreement; provided, however, that E-Z-EM shall not have the option to sell off existing inventory intended for sale in such country pursuant to Section 10.6(a)(iii) and the provisions of Section 10.6(a)(iv) shall be mandatory.
