R&D PERFORMANCE & MARKETING Sample Clauses
The R&D Performance & Marketing clause outlines the obligations and expectations regarding research and development activities as well as the marketing of resulting products or technologies. Typically, this clause specifies the standards or milestones that must be met in R&D efforts, and may require regular progress reports or updates. It can also detail how marketing strategies will be developed, who is responsible for execution, and how results will be measured. The core function of this clause is to ensure both parties are aligned on the development and commercialization process, reducing misunderstandings and promoting accountability for performance and market success.
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R&D PERFORMANCE & MARKETING. Company shall use reasonable efforts to introduce Products and Processes into the commercial market as soon as practicable, consistent with sound and reasonable business practices and judgment. Thereafter, Company shall endeavor to keep Products and Processes reasonably available to the public during the remainder of the Term.
R&D PERFORMANCE & MARKETING. 3.1 Company shall use reasonable efforts to introduce Products and Processes into the commercial market as soon as practicable, consistent with sound and reasonable business practices and judgment. Thereafter, Company shall endeavor to keep Products and Processes reasonably available to the public during the remainder of the Term.
3.2 DKL shall have the right to terminate or render this license nonexclusive at any time after three (3) years from the Effective Date if Company: (a) has not put the Technology into commercial use in the Territory, directly or through a sublicense or (b) is not demonstrably engaged in a marketing or sublicensing program, as appropriate, directed toward this end. For purposes of this paragraph, commercial use shall be defined as adjusted gross sales of twenty-five thousand dollars ($25,000) or more. DKL shall, prior to exercising any right under this Section 3.2, provide the Company with at least thirty (30) days written notice of its intention to exercise any rights hereunder, and shall notify Company in writing after the expiration of such thirty (30) day notice period to confirm that DKL is in fact exercising its rights hereunder.
3.3 Company shall contract with DKL for all research and development of new and/or improved products or processes using the Technology. An R&D plan will be developed and approved by the Parties. Company will fund the approved R&D plan.
R&D PERFORMANCE & MARKETING. 3.1 Company shall use reasonable efforts to introduce Products and Processes into the commercial market as soon as practicable, consistent with sound and reasonable business practices and judgment. Thereafter, Company shall endeavor to keep Products and Processes reasonably available to the public during the remainder of the Term.
3.2 MSU shall have the right to terminate or render this license nonexclusive at any time after three (3) years from the Effective Date if Company: (a) has not put the Technology into commercial use in the Territory, directly or through a sublicense or (b) is not demonstrably engaged in a research, development, manufacturing, marketing or sublicensing program, as appropriate, directed toward this end. MSU shall, prior to exercising any right under this Section 3.2, provide the Company with at least thirty (30) days written notice of its intention to exercise any rights hereunder, and shall notify Company in writing after the expiration of such thirty (30) day notice period to confirm that MSU is in fact exercising its rights hereunder.
R&D PERFORMANCE & MARKETING. 3.1 DrawDown shall use reasonable efforts to introduce Products, Services and Processes into the commercial market as soon as practicable, consistent with sound and reasonable business practices and judgment. Thereafter, DrawDown shall endeavor to keep Products, Services and Processes reasonably available to the public during the remainder of the Term.
3.2 DKL shall have the right to terminate or render this license nonexclusive at any time after three (3) years from the Effective Date if DrawDown: (a) has not put the Technology into commercial use in the Territory, directly or through a sublicense and (b) is not demonstrably engaged in a marketing or sublicensing program, as appropriate, directed toward this end. For purposes of this paragraph, commercial use shall be defined as Adjusted Gross Sales and/or Sublicensing Revenues of twenty-five thousand dollars ($25,000 USD) or more. DKL shall, prior to exercising any right under this Paragraph 3.2, provide DrawDown with at least thirty (30) days written notice of its intention to exercise any rights hereunder, and shall notify DrawDown in writing after the expiration of such thirty (30) day notice period to confirm that DKL is in fact exercising its rights hereunder.
3.3 For a period of three years following the Effective Date, DrawDown shall notify DKL in writing if DrawDown wishes to initiate a research and development project respecting the Technology. DKL shall have the exclusive right for thirty (30) days following such notification in which to provide a detailed written proposal for performing such research and development, including without limitation pricing, timeline and a detailed description of deliverables. DrawDown may accept or reject in writing such proposal in DrawDown’s sole discretion. If such proposal is declined in writing by DrawDown within ten (10) days following its receipt, or if DKL chooses in its discretion not to submit a proposal, DrawDown may pursue the research and development through other means, including without limitation, internal research and development or engaging a third party for purposes of such research and development. If DKL’s plan is declined by DrawDown then DrawDown will reimburse DKL for the reasonable cost of preparing such proposal plus 10%.
R&D PERFORMANCE & MARKETING. 3.1 LICENSEE shall use reasonable efforts to introduce Products and Processes into the commercial market as soon as practicable, consistent with sound and reasonable business practices and judgment. Thereafter, LICENSEE shall endeavor to keep Products and Processes reasonably available to the public during the remainder of the Term.
3.2 LICENSOR shall have the right to terminate or render this license nonexclusive at any time after three (3) years from the Effective Date if LICENSEE: (a) has not put the Technology into commercial use in the Territory, directly or through a sublicense or (b) is not demonstrably engaged in a research, development, manufacturing, marketing or sublicensing program, as appropriate, directed toward this end. LICENSOR shall, prior to exercising any right under this Section 3.2, provide the LICENSEE with at least thirty (30) days written notice of its intention to exercise any rights hereunder and deliver a second written notice to the LICENSEE after the expiration of such thirty (30) day notice period in the event that LICENSOR determines to exercise its rights hereunder in the event that the LICENSEE has failed to either cure the claimed default or to take substantial steps towards curing such default during the thirty (30) day notice period.
3.3 LICENSOR agrees promptly after the Effective Date of this Agreement to deliver and to disclose to duly authorized representatives of LICENSEE, (i) all Know-how and proprietary technical data, methods, processes, including the technology, and other information and specifications relating to the Know-How and (ii) copies of all patent prosecution documents concerning the Patents and Technology, and any other documents relevant to the Technology and Know-how that have not been provided to LICENSEE as of such date.