Common use of PROMOTIONAL AND PRODUCT LITERATURE Clause in Contracts

PROMOTIONAL AND PRODUCT LITERATURE. (a) Manufacturer will prepare and supply Purchaser with reasonable quantities of all Technical Materials, including any revisions or updates thereof, for each Product in English, at Manufacturer's sole cost and expense. Manufacturer shall indemnify and hold Purchaser harmless from any and all claims, expenses, damages and liabilities arising out of the Technical Materials. (b) Purchaser will prepare and supply all Promotional Materials for use in connection with sale of the Products in the Territory; provided, however, (i) all Promotional Materials shall require the prior approval of Manufacturer, which approval shall not be unreasonably withheld and shall be communicated within a reasonable period of time, and Purchaser shall make all changes therein as Manufacturer may, in a timely manner, reasonably request; (ii) Purchaser shall not include any warranties in such materials that exceed the warranties provided to Purchaser by Manufacturer in Section 9.1(a)(iii) and (iv) or on warranty cards provided by Manufacturer ; and (iii) subject to Section 9.3, Purchaser shall indemnify and hold Manufacturer harmless from any and all claims, expenses, damages and liabilities arising out of the Promotional Materials. If Purchaser desires to design its own protocols for clinical studies after FDA approval of Products, Purchaser shall submit such protocols for the prior approval of Manufacturer. All publications resulting from such studies must also be submitted to Manufacturer for approval prior to publication. (c) Unless otherwise agreed by the Parties in writing, all Technical Materials, Promotional Materials and Labels and Markings shall bear only Purchaser's Marks, except to the extent that Manufacturer's name is required to be included in accordance with Section 3.2. (d) Manufacturer shall supply to Purchaser a copy of all sales, promotional or marketing literature that Manufacturer has developed or used for sale of the Products for Purchaser's information and, if agreed by the Parties in writing, Purchaser may use such sales, promotional or marketing literature in developing the Promotional Materials. (e) Manufacturer and Purchaser shall use their Best Efforts to work together to coordinate the generation and review of the Promotional Materials.

PROMOTIONAL AND PRODUCT LITERATURE. (a) Manufacturer Supplier will prepare and supply Purchaser with reasonable quantities of all Technical Materials, including any revisions or updates thereof, for each Product in English, at ManufacturerSupplier's sole cost and expense. Manufacturer Supplier shall indemnify and hold Purchaser harmless from any and all claims, expenses, damages and liabilities arising out of the Technical Materials. (b) Purchaser will prepare and supply all Promotional Materials for use in connection with sale of the Products in the Territory; provided, however, (i) all Promotional Materials shall require the prior approval of ManufacturerSupplier, which approval shall not be unreasonably withheld and shall be communicated within a reasonable period of time, and Purchaser shall make all changes therein as Manufacturer may, in a timely manner, Supplier may reasonably request; (ii) Purchaser shall not include any warranties in such materials that exceed the warranties provided to Purchaser by Manufacturer Supplier hereunder in Section 9.1(a)(iii) and (iv) or on warranty cards provided by Manufacturer Supplier; and (iii) subject to Section 9.3, Purchaser shall indemnify and hold Manufacturer Supplier harmless from any and all claims, expenses, damages and liabilities arising out of the Promotional Materials. If Purchaser desires to design its own protocols for clinical studies after FDA approval of Products, Purchaser shall submit such protocols for the prior approval of ManufacturerSupplier. All publications resulting from of such studies must also be submitted to Manufacturer Supplier for approval prior to publication. (c) Unless otherwise agreed by the Parties in writing, all All Technical Materials, Promotional Materials and Labels and Markings shall bear only PurchaserSupplier's Marks, except to the extent that ManufacturerPurchaser's name is required to Marks may be included in accordance with Section 3.2. (d) Manufacturer Supplier shall supply to Purchaser a copy of all sales, promotional or marketing literature that Manufacturer Supplier has developed or used for sale of the Products for Purchaser's information and, if agreed by the Parties in writing, Purchaser may use such sales, promotional or marketing literature in developing the Promotional Materials. (e) Manufacturer Supplier and Purchaser shall use their Best Efforts to work together to coordinate the generation and review of the Promotional Materials.

PROMOTIONAL AND PRODUCT LITERATURE. (a) Manufacturer will prepare and supply Purchaser with reasonable quantities of all Technical Materials, including any revisions or updates thereof, for each Product in English, at Manufacturer's sole cost and expense, and such other languages as Purchaser may reasonably request, for which Purchaser shall bear the cost of translation. Subject to the foregoing, Manufacturer shall be solely responsible for the translation of the Technical Materials into such other languages; provided that Manufacturer shall provide the manuscripts of such Technical Materials and any translations thereof to Purchaser for its review prior to printing and shall make such changes therein as Purchaser may, in a timely manner, reasonably request; provided further, however, that Manufacturer shall determine and control the final content of such Technical Materials. Manufacturer shall indemnify and hold Purchaser harmless from any and all claims, expenses, damages and liabilities arising out of the Technical Materials. (b) Purchaser will prepare and supply all Promotional Materials in all languages for use in connection with sale of the Products in the Territory; provided, however, (i) all Promotional Materials shall require the prior approval of Manufacturer, which approval shall not be unreasonably withheld and any such materials shall be communicated within a reasonable period of timeprovided to Manufacturer for its prior information, and Purchaser shall make all changes therein as Manufacturer may, in a timely manner, reasonably request; provided further, however, that Purchaser shall determine and control the final content of all Promotional Materials used by it in the marketing, sale and distribution of the Products, including any translations made by Purchaser; (ii) Purchaser shall not include any warranties in such materials that exceed the warranties provided to Purchaser by Manufacturer in Section Sections 9.1(a)(iii) and (iv) or on warranty cards provided by Manufacturer Manufacturer; and (iii) subject to Section 9.3, Purchaser shall indemnify and hold Manufacturer harmless from any and all claims, expenses, damages and liabilities arising out of the Promotional Materials. If Purchaser desires to design its own protocols for clinical studies after FDA approval of Productsobtaining the CE Marking for a Product, Purchaser shall submit such protocols for the prior approval of Manufacturer. All publications resulting from of such studies must also be submitted to Manufacturer for approval prior to publication. (c) Unless otherwise agreed by the Parties in writing, all Technical Materials, Promotional Materials and Labels and Markings shall bear only Purchaser's Marks, except to the extent that Manufacturer's name is required to be included in accordance with Section 3.2. (d) Manufacturer shall supply to Purchaser a copy of all sales, promotional or marketing literature that Manufacturer has developed or used for sale of the Products for Purchaser's information and, if agreed by the Parties in writing, Purchaser may use such sales, promotional or marketing literature in developing the Promotional Materials. (e) Manufacturer and Purchaser shall use their Best Efforts to work together to coordinate the generation and review of the Promotional Materials.

PROMOTIONAL AND PRODUCT LITERATURE. (a) Manufacturer will prepare and supply Purchaser with reasonable quantities of all Technical Materials, including any revisions or updates thereof, for each Product in English, at Manufacturer's sole cost and expense, and such other languages as Purchaser may reasonably request, for which Purchaser shall bear the cost of translation. Subject to the foregoing, Manufacturer shall be solely responsible for the translation of the Technical Materials into such other languages; provided that Manufacturer shall provide the manuscripts of such Technical Materials and any translations thereof to Purchaser for its review prior to printing and shall make such changes therein as Purchaser may, in a timely manner, reasonably request; provided further, however, that Manufacturer shall determine and control the final content of such Technical Materials. Manufacturer shall indemnify and hold Purchaser harmless from any and all claims, expenses, damages and liabilities arising out of the Technical Materials. (b) Purchaser will prepare and supply all Promotional Materials in all languages for use in connection with sale of the Products in the Territory; provided, however, (i) all Promotional Materials shall require the prior approval of Manufacturer, which approval shall not be unreasonably withheld and any such materials shall be communicated within a reasonable period of timeprovided to Manufacturer for its prior information, and Purchaser shall make all changes therein as Manufacturer may, in a timely manner, reasonably request; provided further, however, that Purchaser shall determine and control the final content of all Promotional Materials used by it in the marketing, sale and distribution of the Products, including any translations made by Purchaser; (ii) Purchaser shall not include any warranties in such materials that exceed the warranties provided to Purchaser by Manufacturer in Section 9.1(a)(iiiSections 9.1(a) (iii) and (iv) or on warranty cards provided by Manufacturer Manufacturer; and (iii) subject to Section 9.3, Purchaser shall indemnify and hold Manufacturer harmless from any and all claims, expenses, damages and liabilities arising out of the Promotional Materials. If Purchaser desires to design its own protocols for clinical studies after FDA approval of Productsobtaining the CE Marking for a Product, Purchaser shall submit such protocols for the prior approval of Manufacturer. All publications resulting from of such studies must also be submitted to Manufacturer for approval prior to publication. (c) Unless otherwise agreed by the Parties in writing, all Technical Materials, Promotional Materials and Labels and Markings shall bear only Purchaser's Marks, except to the extent that Manufacturer's name is required to be included in accordance with Section 3.2. (d) Manufacturer shall supply to Purchaser a copy of all sales, promotional or marketing literature that Manufacturer has developed or used for sale of the Products for Purchaser's information and, if agreed by the Parties in writing, Purchaser may use such sales, promotional or marketing literature in developing the Promotional Materials. (e) Manufacturer and Purchaser shall use their Best Efforts to work together to coordinate the generation and review of the Promotional Materials.