ROW Commercialization Sample Clauses
The ROW Commercialization clause defines the terms under which rights of way (ROW) can be used for commercial purposes. Typically, this clause outlines the conditions, limitations, and approvals required for a party to utilize a right of way for activities such as installing telecommunications equipment, utilities, or other revenue-generating infrastructure. It may specify the types of commercial activities permitted, any fees or revenue-sharing arrangements, and compliance with applicable laws or regulations. The core function of this clause is to clarify and regulate the commercial exploitation of rights of way, ensuring both parties understand their rights and obligations while preventing unauthorized or unintended uses.
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ROW Commercialization. For the avoidance of doubt, and notwithstanding anything to the contrary in this Jounce Lead Co-Co Agreement, the Parties acknowledge and agree that Celgene has the sole right and responsibility for the Commercialization of the Co-Co Candidate and Co-Co Products for ROW Administration and, except as expressly set forth in this Jounce Lead Co-Co Agreement, and subject to the terms and conditions of this Jounce Lead Co-Co Agreement and the Master Collaboration Agreement, nothing will restrict Celgene from taking any action regarding the Commercialization of the Co-Co Candidate or Co-Co Products for ROW Administration. At least [***] during the Co-Co Term, Celgene shall provide to Jounce, through the JSC, a written progress report on the status of its material Commercialization activities with respect to Co-Co Products and related Co-Co Diagnostic Products (a “Commercialization Report”) during the applicable year, and Celgene’s plans with respect to Commercialization of Co-Co Product during the following [***] period.
ROW Commercialization. (a) MYLAN shall have the sole right and responsibility for, and shall use Diligent Efforts to, Commercialize Licensed Product in the Field in the ROW Countries in compliance with applicable Laws and within the parameters of the then-current Commercialization Plan.
(b) MYLAN shall bear all costs and expenses associated with the Commercialization of Licensed Product in the Field in the ROW Countries.
(c) MYLAN shall have the sole right and responsibility to distribute, sell, record sales and collect payments for Licensed Product in the Field in the ROW Countries.
(d) MYLAN shall have the sole right and responsibility for establishing and modifying the terms and conditions with respect to Commercialization of Licensed Products in the Field in the ROW Countries, including the price or prices at which Licensed Products will be sold, any discount applicable to payments or receivables, all managed care contracting issues and any other similar matters.
(e) MYLAN will be responsible for storage, order receipt, order fulfilment, shipping and invoicing of Licensed Products in the Field in the ROW Countries.
(f) If MYLAN does not use Diligent Efforts to Commercialize a Licensed Product in the Field in accordance with the Commercialization Plan for any particular ROW Country approved by the JSC, then THERAVANCE may provide MYLAN with written notice of such failure, including a description of such failure, and THERAVANCE’s desire to the have the rights to Commercialize Licensed Product in the Field in such ROW Country revert to THERAVANCE. Such notice shall reference this Section 5.04(f) and Section 13.02 and shall be a notice of material breach solely with respect to such Country, triggering THERAVANCE’s right to terminate this Agreement solely with respect to such ROW Country, subject to the provisions (including the cure and dispute provisions) of Section 13.02. This Section 5.04(f) sets forth ***CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. THERAVANCE’s sole remedy in the event that MYLAN fails to use Diligent Efforts to Commercialize a Licensed Product in the Field in accordance with the Commercialization Plan for any particular ROW Country; and THERAVANCE shall not have the right to terminate this Agreement in its entirety pursuant to Section 13.02 based on such failure. Any such ROW Country with respect to which this Agreement is terminated pursuant to...
ROW Commercialization. Pfizer shall have the sole right and responsibility for Commercialization of Licensed Products outside of the U.S., and all Commercialization activities relating to the ROW shall be outside of the scope of the USCC; provided, however, that once each Calendar Year, or more frequently as the Parties may mutually agree, Pfizer shall provide Adolor with an update of ROW Commercialization plans and activities, including Commercialization plans for China and India, at a regularly-scheduled meeting of the USCC.
ROW Commercialization. Subject to the terms and conditions of this Agreement, KKC shall be responsible for all aspects of the Commercialization of the Products in the Field in the RoW, including, solely with respect to the Products in the Field in the RoW: (a) developing and executing a commercial launch and pre-launch plan, (b) negotiating with applicable Government Authorities in the RoW regarding the price and reimbursement status of the Products and obtaining and maintaining the Pricing Approvals; (c) marketing, medical affairs, and promotion; (d) booking sales and distribution and performance of related services; (e) handling all aspects of order processing, invoicing and collection, inventory and receivables; (f) providing customer support, including handling medical queries, and performing other related functions; and (g) conforming its practices and procedures to Applicable Law relating to the marketing, detailing and promotion of Products in the Field in the RoW. As between the Parties, KKC shall be solely responsible for the costs and expenses of Commercialization of the Products in the Field in the RoW.
(a) RoW - Commercialization Plan. KKC shall conduct all Commercialization of Products in the Field in the RoW in accordance with a comprehensive commercialization plan that is consistent with this Agreement (as amended in accordance with this Agreement, the “RoW Commercialization Plan”), the initial version of which KKC will prepare and provide to the JCC for review and discussion, and subsequent presentation to the JSC for review, no later than [*CONFIDENTIAL*] after initial submission of the Marketing Authorization Application of Product in the Field in a first country in RoW, and such plan will include a pricing strategy for the Product; provided, however, that KKC shall have ultimate decision-making authority and control over the content of the RoW Commercialization Plan, subject to KKC under no circumstances conducting any Commercialization activities that would reasonably be expected to have a material adverse effect on the Commercialization of the Product in the U.S. From time to time, but at least once every [*CONFIDENTIAL*], KKC will update the RoW Commercialization Plan and submit such updated plan to the JCC for review and discussion, and subsequent presentation to the JSC for review and discussion; provided, that, (i)
ROW Commercialization. In addition to A▇▇▇▇▇▇’s worldwide efforts to prepare for the commercialization of CellCept in autoimmune indications, Roche has undertaken certain activities to prepare for the commercialization of CellCept in autoimmune indications in territories outside the US, Canada and the major five EU countries. Activities performed by Roche included non-promotional pre-market preparation, educational programs, medical product related training, and market assessment. Such activities are described in more detail in Exhibit A.
ROW Commercialization. 41 ARTICLE 7 CO-PROMOTION......................................................................... 43