Responsibilities of JCC. The JCC shall perform the following functions:
Responsibilities of JCC. Subject to the terms of this Agreement, the JCC shall have the following responsibilities:
Responsibilities of JCC. 38 SECTION 7.02. ORTHO as Lead Marketing Party.............................. 39 SECTION 7.03. Commercialization Efforts.................................. 41 SECTION 7.04. Commercialization Plan and Budget.......................... 41 SECTION 7.05. Launch Plan................................................ 42 SECTION 7.06. Commercialization in Royalty Bearing Territory............. 43 SECTION 7.07. Control Over Advertising................................... 43 SECTION 7.08. Allowable Expenses and Allowable Operating Expenses........ 44 SECTION 7.09. Sales Efforts in the Co-Promotion Territory................ 44 SECTION 7.10. Training Program........................................... 44 SECTION 7.11. Pricing, Pricing Approvals and Product Distribution........ 44 SECTION 7.12. Product Recalls............................................ 45 SECTION 7.13. Tax Considerations......................................... 45 SECTION 7.14. Discounted Sales........................................... 45 SECTION 7.15. Co-Promotion Mechanism..................................... 45 (The information below marked by ***** has been omitted by a request for confidential treatment. The omitted portion has been separately filed with the Commission.) SECTION 7.16. *****...................................................... 46
Responsibilities of JCC. (a) The purpose of the JCC shall be to (i) oversee the Commercialization of Collaboration Products in the Co-Promotion Territory, including the annual budgeting and forecasting, commercial manufacturing, pre- marketing, medical affairs, Phase IIIB Clinical Trials, Phase IV Clinical Trials, Post Launch Product R&D, liaison, marketing, sales and distribution of Collaboration Products, (ii) monitor, review and comment on costs incurred by the Parties in the commercial manufacture, marketing, sale and distribution of Collaboration Products in the Co-Promotion Territory (including, without limitation, Cost of Goods Sold), (iii) review and comment on the Commercialization Plans and Launch Plans and the selection of trademarks for Collaboration Products in the Co-Promotion Territory, (iv) receive and provide to the Parties all sales, pricing, and financial reports pertaining to Pre- Marketing and Commercialization of Collaboration Products in the Co-Promotion Territory, (v) review the principal indications and delivery routes recommended by JDC for all Collaboration Products in the Co-Promotion Territory, (vi) review and comment on ORTHO's pricing recommendations in the Co-Promotion Territory, and (vii) facilitate the flow of Information with respect to the Commercialization of each Collaboration Product in the Co-Promotion Territory. Subject to the provisions of Section 7.01(b) regarding Excepted Commercialization Matters, ORTHO shall make the final decision on all matters relating to the Commercialization of any Collaboration Product including all day-to-day decisions. Each party will disclose to the other proposed agenda items reasonably in advance of each meeting of the JCC. Each party shall bear its own costs for participation in the JCC.
