Sales Effort. Ligand agrees to use commercially reasonable selling efforts to, and otherwise promote, the Products, and not to: (a) Refuse or fail to supply promptly the Products when specified; (b) Fail to include in its system for determining its prices to its customers any provisions necessary to comply with the other provisions of this Agreement or enter into any agreement which would preclude Ligand from offering for sale a Product at any price acceptable to Ligand; or (c) Sell any Products to any party Ligand has reason to believe plans to use the Products or sell the Products for use outside the Territory. Ligand agrees that it shall hire and maintain a sales force appropriate for marketing of the Products in the Territory, develop and implement appropriate marketing plans, develop and utilize sales literature and other promotional aids, hold symposia for key physicians, and otherwise perform the duties associated with a promoter of the Products in the Territory.
Appears in 4 contracts
Samples: Option and Wholesale Purchase Agreement (Lilly Eli & Co), Option and Wholesale Purchase Agreement (Ligand Pharmaceuticals Inc), Option and Wholesale Purchase Agreement (Lilly Eli & Co)