Common use of Product Promotion Clause in Contracts

Product Promotion. In accordance with the Marketing Plan, and subject to the Act and any applicable state laws and regulations, as well as the provisions of this Agreement, Reliant shall, at its sole expense (as between Reliant and Novartis), use its commercially reasonable efforts to promote the Product to Professionals, and to persuade such Professionals to prescribe and use the Product, through the use of verbal, graphic, written and promotional materials. All such statements, core selling messages and materials to be utilized by Reliant to promote the Product shall be consistent with the annual Marketing Plan jointly developed by Reliant and Novartis and, if applicable, shall be subject to the prior approval of the FDA in accordance with Article 4.8 below. Prior to January 1 of each of Agreement Years 2006 and 2007, Novartis shall provide to Reliant a list of Professionals to whom to promote the Product; provided, however, that Novartis shall have the right, in its sole discretion, to revise such list no more than two times during each of Agreement Years 2006 and 2007 by providing a revised list to Reliant prior to May 1 and/or November 1 of each such Agreement Year. In performing its obligations pursuant to this Agreement, Reliant will exercise the same diligence it employs with respect to the other products it promotes in the Territory (“Promotion Effort”). Reliant will cause the Sales Force and Reliant employees and agents acting on Reliant’s behalf to comply with this Agreement and all applicable state and federal laws and regulations in connection with the promotion, marketing and Detailing of the Product. It is understood, and Reliant agrees, that it will be accountable for any act or omission of the Sales Force to comply with Reliant’s obligations under this Agreement.