Responsibility for Commercialization Clause Samples
The Responsibility for Commercialization clause defines which party is obligated to undertake the activities necessary to bring a product or service to market. Typically, this clause outlines the specific roles, duties, and decision-making authority regarding marketing, sales, distribution, and regulatory compliance. For example, it may assign commercialization responsibilities to a licensee in a technology licensing agreement, specifying timelines and performance benchmarks. The core function of this clause is to ensure clarity and accountability in the commercialization process, reducing disputes and aligning expectations between parties.
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. (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. (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. 26 6.2 Reports of Sales in North America................................................................ 26 6.3
Responsibility for Commercialization. 23 6.2 Packaging; CCP Trademarks .............................................................................23
Responsibility for Commercialization. Verastem will have sole control over and decision-making authority with respect to the Commercialization of Licensed Products in the Territory, including, if applicable, seeking and maintaining any Pricing and Reimbursement Approval for the Licensed Products in The Territory, at its sole cost and expense.
Responsibility for Commercialization. ArQule shall be solely responsible for conduct of all aspects of the Commercialization of each Product that is not an Out-Licensed Product, including without limitation, (a) the conduct of: (i) all activities related to Clinical Trials and (ii) all pre-marketing, marketing, promotion, sales, distribution, import and export activities (including securing reimbursement, sales and marketing and conducting any post-marketing trials or databases and post-marketing safety surveillance); (b) making all Regulatory Filings for any Products and filing all Drug Approval Applications and otherwise seeking all Regulatory Approvals for any Products within the Territory, as well as all correspondence and communications with Regulatory Authorities regarding such matters; (c) reporting of all Adverse Events to Regulatory Authorities if and to the extent required by Applicable Laws; (d) the timing for the launch of any Products and for submitting applications for reimbursement with respect to any Product in any country in the Territory and (e) booking all sales of Products in the Territory.
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.