Common use of Terumo Responsibilities Clause in Contracts

Terumo Responsibilities. During the Exclusivity Term, Terumo shall (i) have the exclusive right, and shall use its Commercially Reasonable Efforts, to market, promote, sell, offer for sale, and otherwise commercialize the Product in the Territory, at its sole cost and expense, in accordance with the Applicable Laws and subject to the terms and conditions of this Agreement. For the removal of doubt, following the termination or expiration of the Exclusivity Term, in the event Agreement will not be expired or terminated, subject to the terms and conditions of this Agreement, Terumo will have during the remaining period of the Term all of the abovementioned rights on a non-exclusive basis. Without limiting the foregoing, Terumo shall have the exclusive right and responsibility in the Territory for the following: (i) designing the commercialization and marketing strategy and tactics for the Product, for potential inclusion in the Commercialization Plan; (ii) undertaking all promotional activities for the Product; (iii) establishing and implementing post-market surveillance programs for the Product as required or recommended by a Regulatory Authority; (iv) receiving, accepting and filling orders for the Product from customers; (v) warehousing and distributing the Product to customers; (vi) controlling invoicing, order processing and collection of accounts receivable for sales of the Product; (vii) recording sales of the Product in the Territory in its books of account for sales (viii) providing results of sales of the Product for purposes of periodic safety reports and exposure estimates; and (ix) specific packaging and labeling requirements for the Territory, provided that, if such packaging and labeling is performed by IceCure, Terumo shall pay the incremental cost for specialized packaging and labeling.

Terumo Responsibilities. During the Exclusivity Term, Terumo shall (i) have the exclusive right, and shall use its Commercially Reasonable Efforts, to market, promote, sell, offer for sale, and otherwise commercialize the Product in the Territory and the Limited Territory, at its sole cost and expense, in accordance with the Applicable Laws and subject to the terms and conditions of this Agreement. For the removal of doubt, following the termination or expiration of the Exclusivity Term, in the event Agreement will not be expired or terminated, subject to the terms and conditions of this Agreement, Terumo will have during the remaining period of the Term all of the abovementioned rights on a non-exclusive basis. Without limiting the foregoing, Terumo shall have the exclusive right and responsibility in the Territory and the Limited Territory for the following: (i) designing the commercialization and marketing strategy and tactics for the Product, for potential inclusion in the Commercialization Plan; (ii) undertaking all promotional activities for the Product; (iii) establishing and implementing post-market surveillance programs for the Product as required or recommended by a Regulatory AuthorityAuthority (in the Territory only); (iv) receiving, accepting and filling orders for the Product from customers; (v) warehousing and distributing the Product to customers; (vi) controlling invoicing, order processing and collection of accounts receivable for sales of the Product; (vii) recording sales of the Product in the Territory in its books of account for sales (viii) providing results of sales of the Product for purposes of periodic safety reports and exposure estimates; and (ix) specific packaging and labeling requirements for the Territory, provided that, if such packaging and labeling is performed by IceCure, Terumo shall pay the incremental cost for specialized packaging and labelinglabeling (in the Territory only).