Reimportation. PTI hereby acknowledges and agrees that it has granted to King hereunder exclusive rights to Market, distribute, offer for sale, sell, and import Products, and manufacture or have manufactured Products for sale in the Territory, in each case within the Territory, as set forth in Section 2.1 hereof. PTI acknowledges and agrees that PTI has no right to, and shall not, and shall not grant any right or license to any of its Affiliates, licensees, Sublicensees or other Third Parties, directly or indirectly, under the PTI Patent Rights, the PTI Technology, the Joint Patent Rights, the Joint Technology, the King Patent Rights or the King Technology in the Territory, to (a) sell, distribute, have distributed, offer for sale, have sold, import or have imported Products or (b) manufacture or have manufactured Products, except to the extent expressly permitted in Section 2.2.1 or 2.2.5 hereof, and shall not grant any such right to any Affiliate or Third Party outside the Territory if PTI knows or has reason to know that such Third Party intends to undertake any such activities in the Territory. PTI shall use commercially reasonable efforts to prevent, in the Territory, the making of any Products by PTI or any of its Affiliates, licensees, Sublicensees or other Third Parties (except to the extent permitted in Section 2.2 hereof) and the selling, distribution, offer for sale and importation of Products by PTI or any of its Affiliates, licensees, Sublicensees or other Third Parties. In the event PTI fails to use such commercially reasonably efforts, and any Products are sold, distributed, offered for sale, or imported by PTI or any of its Affiliates, licensees, Sublicensees or other Third Parties in the Territory, King shall be entitled to adjust its royalty obligations payable pursuant to Sections 6.1.1 and 6.1.4 hereof in an amount adequate to compensate King for lost profits incurred as a result of such unauthorized sale, distribution, offer for sale or importation.
Reimportation. Licensee shall undertake all steps necessary to prevent any Licensed Product provided to or made for or on behalf of Licensee for use or sale inside the Licensee Territory from being distributed or sold in the Amgen Territory, except where Amgen and Licensee agree that the exporting person or entity is in possession of all regulatory authorizations and intellectual property licenses necessary for such export, import and sale. Licensee shall notify Amgen if it becomes aware of the exportation of a Licensed Product from the Licensee Territory and discuss with Amgen the same.
Reimportation. Teva shall undertake Reasonably Diligent Efforts to prevent any Products from being distributed or sold outside the Territory. Teva shall notify Galena if it becomes aware of the exportation of a Product from the Territory.
Reimportation. Selamine shall, and shall cause its Affiliates and Selamine Designees to, use commercially reasonable efforts to prevent, in the Territory, directly or indirectly, the making of any [***] by Selamine, its Affiliates, Selamine Designees, licensees, or customers and the selling, distribution, offer for sale and importation of [***] by Selamine, its Affiliates, Selamine Designees, licensees, or customers.
Reimportation. Selamine and its Affiliates hereby acknowledge and agree that each has granted to King and its Affiliates hereunder exclusive (except as set forth in Section 2.3) rights in the Territory. Except as set forth in Section 2.3, Selamine and its Affiliates acknowledge and agree that neither Selamine nor any of its Affiliates has no right to and shall not grant any right or license to any Affiliate or Third Party, directly or indirectly, under the Ramipril Patents in the Territory, nor grant any such right to any Affiliate or Third Party outside the Territory if Selamine or any of its Affiliates knows or has a reasonable basis to believe that such Affiliate or Third Party intends to undertake the manufacture, use, offer for sale, sale or importation of any [***] in the Territory. Selamine and its Affiliates shall use commercially reasonable efforts to prevent, in the Territory, the selling, distribution, offer for sale and importation of [***], directly or indirectly, by Selamine or any of its Affiliates, licensees, or sublicensees.
Reimportation. To the extent permitted by applicable Law, each Party shall use Commercially Reasonable Efforts to prevent Licensed Products provided to or made for or on behalf of such Party for use or sale inside the Territory with respect to Novartis or outside of the Territory with respect to Amgen from being distributed or sold in the other Party’s territory, except where Amgen and Novartis agree that the exporting person or entity is in possession of all regulatory authorizations and intellectual property licenses necessary for Amgen Ref. No. 2015641252 Page 33 Note: Redacted portions have been marked with [*]. The redacted portions are subject to a request for confidential treatment that has been filed with the Securities and Exchange Commission. such export, import and sale. Each Party shall notify the other Party if it becomes aware of the exportation of Licensed Products from its territory and discuss with the other Party the same.
Reimportation. Collaborator shall undertake all steps necessary to prevent any Dmab provided to Collaborator hereunder for use or sale inside the Territory from being distributed or sold outside the Territory, except where Amgen and Collaborator agree that the exporting person or entity is in possession of all regulatory authorizations and intellectual property licenses necessary for such export, import and sale. Collaborator shall notify Amgen if it becomes aware of the exportation of Dmab from the Territory and discuss with Amgen the same. ********* (Signature page follows)
Reimportation. Eagle will, and will require its Affiliates and licensees to, use Commercially Reasonable Efforts to prevent any Licensed Compound or Licensed Product Manufactured by or on the behalf of Eagle or its Affiliate or licensee for sale outside the Territory from being sold commercially inside the Territory. Cephalon will, and will require its Affiliates and sublicensees to, use Commercially Reasonable Efforts to prevent any Licensed Compound or Licensed Product Manufactured by or on the behalf of Cephalon or its Affiliate or sublicensee for sale in the Territory from being sold commercially outside the Territory.
Reimportation. Eagle will, and will require its Affiliates and licensees to, use Commercially Reasonable Efforts to prevent any Licensed Compound or Licensed Product Manufactured by or on the behalf of Eagle or its Affiliate or licensee for sale outside the Territory from being sold commercially inside the Territory. Cephalon will, and will require its Portions herein identified by [ * ] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. Affiliates and sublicensees to, use Commercially Reasonable Efforts to prevent any Licensed Compound or Licensed Product Manufactured by or on the behalf of Cephalon or its Affiliate or sublicensee for sale in the Territory from being sold commercially outside the Territory.
Reimportation. U.S. consumer anger and frustration about paying the highest prescription drug prices in the world has lead many to resort to the illegal purchase of their medicines from Canada. For many, this “illegal” activity is viewed as preferable to going without their medicine because of its unaffordable price. Reimportation of drugs from other countries is at best a short-term solution because over time, more drug companies will cut their sales to Canada, and prices in Canada are likely to increase if sales to the U.S. become a large share of the market. There are indications that the Canadian government may step in to end this practice, to protect the interest of the Canadian public who may face supply restrictions when pharmaceutical companies cut shipments to Canada. It is essential that policymakers in the U.S. stay focused on steps that can be taken to improve the value that U.S. consumers and taxpayers get for their prescription drug dollars. The CBO has projected sizable savings for all payers of prescription drugs totaling $40 billion over 10 years from H.R. 2427, the bill that would allow for expanded reimportation of prescription drugs, without requiring the Food and Drug Administration to certify the safety. The conference committee proposal would allow reimportation from Canada only, and allows the Secretary of the Department of Health and Human Services to block the reimportation of medicines from Canada. Some call this “safety certification” or reimported drugs a “poison pill” that blocks low-cost drugs for U.S. consumers.
