Responsibility for Commercialization. All sales, marketing, distribution and other costs associated with the commercialization of Product in the Territory shall be borne exclusively by Sankyo. All terms of sale, including, without limitation, pricing policies, credit terms, cash discounts and returns and allowances, shall be set by Sankyo in its sole discretion.
Responsibility for Commercialization. Consistent with this Section 5.1 (Responsibility for Commercialization), Amgen will solely (i) develop objectives and strategy for Commercialization in accordance with applicable Laws and regulations and (ii) oversee Commercialization activities with respect to all indications for the Product in the Field in the United States. On and after the Restated Effective Date, and subject to the performance of the Parties under the Transition Services Agreement, Amgen shall have sole responsibility for the Commercialization of the Product in the Field in the United States including conducting all Detailing, in a manner consistent with the United States Brand Plan. Such Commercialization shall be conducted in accordance with the then-current United States Brand Plan. Subject to the foregoing, Amgen’s responsibilities on and after the Restated Effective Date with respect to the Product shall include: (i) determination of commercial strategies (e.g., strategies for branding, product positioning, pre-launch activities (e.g., market research), launch and post-launch marketing and promotion, market access and field sales force optimization); (ii) determination of packaging and labeling; (iii) creation of promotional materials regarding the Product which are intended for distribution to Third Parties (including medical professionals) and to Amgen’s sales force (subject to Section 3.4.3 (Trademark and Housemark Quality Standards) and Section 5.2 (Materials)); and (iv) determining and conducting promotion activities. Amgen shall book sales (i.e., recognizing all revenue) and conduct all sales and distribution activities, including pricing, taking orders and distributing, contracting, handling of returns, handling all aspects of order processing, invoicing and collecting, warehousing, documenting inventory and receivables, call reporting, government price reporting, handling data regarding sales to hospitals and other end users and handling all other customer service-related functions. Amgen shall have authority to [***], and shall [***].
Responsibility for Commercialization. (a) Serono shall, prior to the effectiveness of an Election Not to Co- Promote or an Election Not to Co-Fund, either directly or through one or more Sublicensees or (subject to Section 5.1(a)) Contractors, exert its Reasonable Commercial Efforts to accomplish the North American Co-Promotion Tasks allocated to it under the applicable Commercialization Plan and Budget. ZGI shall, prior to the effectiveness of an Election Not to Co-Promote or an Election Not to Co- Fund, either directly or (subject to Section 5.1(a)) through one or more Contractors, exert its Reasonable Commercial Efforts to accomplish the North American Co-Promotion Tasks allocated to it under the applicable Commercialization Plan and Budget. Serono shall otherwise, from Regulatory Approval until the end of the Product Term for each Licensed Product, either directly or through one or more Sublicensees or Contractors, exert its Reasonable Commercial Efforts to distribute, market, promote and sell such Licensed Product in all Marketing Regions in the Territory, and shall exert its Reasonable Commercial Efforts to maximize the sales of such Licensed Product in each Marketing Region.
(b) As the manufacturer and seller of the Licensed Products, Serono shall be responsible for making and booking all sales of the Licensed Product in the Territory. Serono shall also be responsible for making decisions as to the pricing or other terms of sale of the Licensed Products, for handling returns or recalls of the Licensed Product, for interaction with the appropriate Regulatory Authorities with respect to the Licensed Product and for the maintenance and provision to such Regulatory Authorities of records and reports with respect to the Licensed Product as required by applicable law. For North America, so long as ZGI has not made an Election Not to Co-Promote or an Election Not to Co-Fund, Serono shall make such decisions in consultation with the Commercialization Team in accordance with the Commercialization Plan and Budget.
(c) Without limitation on its other responsibilities hereunder, Serono specifically agrees (subject to Sections 6.3 and 12.2) that it shall, at all times throughout the Product Term applicable to a Licensed Product, exert Reasonable Commercial Efforts to have and maintain adequate and available manufacturing, storage, and shipping facilities; supplies; qualified personnel; regulatory approvals and registrations; and all other resources required to manufacture and supply sufficient quant...
Responsibility for Commercialization. Licensee shall be solely responsible for Commercializing the Licensed Products in the Territory during the Term and shall have the sole right to perform all activities in connection with Commercializing the Licensed Products in the Territory during the Term, which activities may include invoicing and booking sales, establishing all terms of sale (including pricing and discounts), warehousing, distributing Licensed Products and any other Commercialization activities, in each case with respect to the Licensed Products in the Territory.
Responsibility for Commercialization. (i) Subject to the parties’ agreement with respect to VaccGen’s co-promotional and co-marketing efforts pursuant to Section 2.3, InterCell and/or its Sublicensee(s) and Marketing Partner(s) shall be responsible, at their cost and expense, for commercialization of the Vaccine in the Territory, including, but not limited to, sales, marketing, manufacturing, and distribution.
(ii) InterCell acknowledges that commercialization of the Vaccine is a high priority project for InterCell. Consequently, InterCell and/or its Sublicensee(s) and Marketing Partner(s) shall use commercially reasonable efforts to maximize Net Sales of the Vaccine in the entire Territory, consistent with commercially reasonable business practices.
(iii) VaccGen acknowledges that InterCell has the right at its own and sole discretion to appoint Marketing Partners to market, sell, find distribute the Vaccine in the Territory. InterCell is responsible for the cost and expense of such Marketing Partners, if any.
(iv) InterCell will share with VaccGen reasonable marketing and sales information on the Vaccine in the entire Territory after commercialization of the Vaccine pursuant to and in accordance with Section 4.2(ii), such information to be included within the license grant set forth in Section 4.2(iv).
Responsibility for Commercialization. Schering shall have full responsibility for the Commercialization of Schering Viral Products in the Field. Schering agrees to use Commercially Reasonable Efforts to Commercialize at least one Schering Viral Product in the Field in each of the Major Markets.
Responsibility for Commercialization. 26 6.2 Reports of Sales in North America................................................................ 26 6.3
Responsibility for Commercialization. Except as expressly set forth herein, upon the Closing, TenX shall assume from Genmab and shall be exclusively responsible for the Commercialization of Product in the Field and the costs associated therewith, and Genmab shall have no responsibilities or obligations with regard to the Commercialization of Product or any costs associated therewith.
Responsibility for Commercialization. 9.1.1 Following the end of the US Transition Period (with respect to the US Territory), Innate shall:
(a) be responsible for Commercialization of the Licensed Product in the Field in the US Territory at its cost and expense;
(b) subject to Applicable Law, invoice and book sales, establish all terms of sale (including pricing and discounts) and warehouse and distribute the Licensed Product in the Field in the Territories and perform or cause to be performed all related services; and
(c) subject to clause 12.4, handle all returns, recalls or withdrawals, order processing, invoicing, collection, distribution and inventory management with respect to the Licensed Product in the Territories.
9.1.2 From the Effective Date, Innate shall be responsible for the Commercialization of the Licensed Product in the EU Territory (subject to the EU Marketing Approval being granted and transferred from MedImmune to Innate).
Responsibility for Commercialization. 23 6.2 Packaging; CCP Trademarks .............................................................................23
