Supply and Commercial Exploitation Sample Clauses

Supply and Commercial Exploitation. Distributor shall purchase all of its requirements of the Products exclusively from Manufacturer and in accordance with this Agreement. The purchase price paid by Distributor for Products shall equal the Supply Price payable under Section 3.1 plus the percentage of Net Distributable Profits payable under Section 3.2. Distributor shall use commercially reasonable efforts to distribute, promote and expand the sale of the Products as generic products in the Territory. In promoting and distributing the Products, Distributor shall not use the Trademark or any other trademark or trade name, except that Distributor may, in a manner consistent with Applicable Laws and subject to the provisions of Section 6.4: (a) use the Trademark on promotional materials to the extent necessary to indicate that the Products are substitutable for the Branded Products and are “authorized generics” of the Branded Products, and (b) identify itself as the distributor of the Product using its “Prasco” trade name and trade dress.
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Supply and Commercial Exploitation. Distributor shall purchase all of its requirements of the Products exclusively from Manufacturer in accordance with this Agreement. Distributor shall use Commercially Reasonable Efforts to distribute, promote and expand the sale of the Products as generic products in the Territory, and in performing such activities, Distributor shall devote the same level of effort to Manufacturer and the Products as it does for its other customers and products. In promoting and distributing the Products, Distributor shall not use the Trademark or any other trademark or trade name, except that Distributor may (a) use the Trademark on promotional materials to the extent necessary to indicate that the Products are substitutable for the Branded Products and are “authorized generics” of the Branded Products, and (b) identify itself as the distributor of the Product using its “Prasco” trade name and trade dress; provided, however, that all such promotional materials shall be approved by Manufacturer in accordance with Section 6.2.
Sample 1
Supply and Commercial Exploitation. During the Term, Manufacturer shall supply to Distributor for marketing, distribution and sale as a generic product in the Territory, and Distributor shall purchase from Manufacturer, all of Distributor’s requirements of the Products in accordance with this Agreement. Distributor shall use Commercially Reasonable Efforts to distribute, promote, market and sell the Products as generic products in the Territory. In promoting and distributing the Products, Distributor shall not use any Trademarks or trade names of the Branded Products in connection with the Products or the distribution, promotion, marketing or sale thereof except as expressly permitted by Manufacturer in writing. Notwithstanding the preceding sentence, Distributor shall, following delivery of a Commencement Notice in respect of an SKU for a particular Product, identify itself as the distributor of such SKU for such Product in the Territory using its “Prasco” trade name and trade dress and shall, upon the request of Manufacturer or as required by Applicable Law, use the trade name of Manufacturer, or the relevant Third Party manufacturer, as applicable, to identify the manufacturer of the Products on the Product label and packaging in accordance with this Agreement. All labels, packaging and trade communication materials to be used by Distributor in connection with the Products or the distribution or promotion thereof shall be approved by Manufacturer in accordance with Section 6.1 and Section 6.2 and Distributor shall not use any labels, packaging or trade communication materials that have not been so approved in advance by Manufacturer.
Sample 1

Related to Supply and Commercial Exploitation

  • Development and Commercialization Subject to Sections 4.6 and 4.7, Fibrocell shall be solely responsible for the development and Commercialization of Fibrocell Products and Improved Products. Fibrocell shall be responsible for all costs incurred in connection with the Fibroblast Program except that Intrexon shall be responsible for the following: (a) costs of establishing manufacturing capabilities and facilities in connection with Intrexon’s manufacturing obligation under Section 4.6 (provided, however, that Intrexon may include an allocable portion of such costs, through depreciation and amortization, when calculating the Fully Loaded Cost of manufacturing a Fibrocell Product, to the extent such allocation, depreciation, and amortization is permitted by US GAAP, it being recognized that the majority of non-facilities scale-up costs cannot be capitalized and amortized under US GAAP); (b) costs of basic research with respect to the Intrexon Channel Technology and Intrexon Materials (i.e., platform improvements) but, for clarity, excluding research described in Section 4.7 or research requested by the JSC for the development of a Fibrocell Product or an Improved Product (which research costs shall be reimbursed by Fibrocell); (c) [*****]; and (d) costs of filing, prosecution and maintenance of Intrexon Patents. The costs encompassed within subsection (a) above shall include the scale-up of Intrexon Materials and related active pharmaceutical ingredients for clinical trials and Commercialization of Fibrocell Products undertaken pursuant to Section 4.6, which shall be at Intrexon’s cost whether it elects to conduct such efforts internally or through Third Party contractors retained by either Intrexon or Fibrocell (with Intrexon’s consent).

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Development of Products (a) During the term of this Agreement, ViewRay may from time to time seek services from PEKO with respect to the development of certain Products that can be incorporated into the ViewRay Renaissance™ MRI-guided radiation therapy system. For each Program to be undertaken by PEKO pursuant to this Agreement, the parties will prepare a “Work Statement” and agree to said “Work Statement” in substantially the form attached as Attachment 1. Each Work Statement will describe: (i) the (i) services that PEKO will be responsible for providing to ViewRay and the deliverables that PEKO will be responsible for delivering to ViewRay (“Deliverable(s)”), (ii) delivery schedule for the Deliverables, (iii) pricing terms, (iv) work plan for the Program, and (v) ViewRay’s responsibilities in connection with the Program. Each Work Statement will be prepared based upon the requirements and information provided to PEKO by ViewRay. A separate Work Statement will be required for each Program; and each Work Statement will become subject to this Agreement only when mutually agreed and signed by ViewRay and PEKO.

  • Manufacturing (a) The Supplier shall without limitation be responsible, at no additional cost to the Purchaser, for: sourcing and procuring all raw materials for the Products; obtaining all necessary approvals, permits and licenses for the manufacturing of the Products; providing sufficient qualified staff and workers to perform the obligations under this Purchase Agreement; implementing and maintaining effective inventory and production control procedures with respect to the Products; and handling other matters as reasonably requested by the Purchaser from time to time.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

  • Development Activities The Development activities referred to in item “b” of paragraph 3.1 include: studies and projects of implementation of the Production facilities; drilling and completion of the Producing and injection xxxxx; and installation of equipment and vessels for extraction, collection, Treatment, storage, and transfer of Oil and Gas. The installation referred to in item “c” includes, but is not limited to, offshore platforms, pipelines, Oil and Gas Treatment plants, equipment and facilities for measurement of the inspected Production, wellhead equipment, production pipes, flow lines, tanks, and other facilities exclusively intended for extraction, as well as oil and gas pipelines for Production Outflow and their respective compressor and pumping stations.

  • Licensed Territory Worldwide NIH Patent License Agreement—Exclusive APPENDIX C – ROYALTIES Royalties:

  • Commercialization Activities Within North America, the Parties will use Commercially Reasonable Efforts to Commercialize Licensed Products in the Field. In addition, within North America and subject to Section 2.7.6, the Parties will use Commercially Reasonable Efforts to conduct the Commercialization activities assigned to them pursuant to the Commercialization Plan/Budget, including the performance of detailing in accordance therewith. In conducting the Commercialization activities, the Parties will comply with all Applicable Laws, applicable industry professional standards and compliance policies of Celgene which have been previously furnished to Acceleron, as the same may be updated from time to time and provided to Acceleron. Neither Party shall make any claims or statements with respect to the Licensed Products that are not strictly consistent with the product labeling and the sales and marketing materials approved for use pursuant to the Commercialization Plan/Budget.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Collaboration We believe joint effort toward common goals achieves trust and produces greater impact for L.A. County’s youngest children and their families.

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