Commercialization Cost definition

Commercialization Cost means the sum of direct and allocated FTE Costs for (a) Development Costs and Personnel Costs related to the Co-Development of a Development Lead or Clinical Candidate, (b) Promotion Expense; (c) Pre-Marketing Expenses; (d) Distribution Expenses; (e) Working Capital Charges; (f) Sales and Marketing Expenses; (g) Post-Approval Research and Regulatory Expenses; (h) License Fees and (i) any other out-of-pocket cost or expense stated to be a Commercialization Cost in this Agreement or under the Product Commercialization Plan. For purposes of clarity, Commercialization Cost shall not include any internal and out-of-pocket costs, expenses and fees incurred in prosecuting, and maintaining, the Product Trademark, Licensed Patent Rights, ARCHEMIX Patent Rights and/or ELAN Patent Rights covering a Co-Developed Product.

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Commercialization Cost means all costs incurred by or on behalf of the Commercialization Party and its Affiliates that are reasonably allocable to the Commercialization of CD38 Product in the Field in the Territory, including Distribution Costs, Sales and Marketing Costs, Manufacturing Costs for CD38 Product for commercial sale, costs for Phase 4 Clinical Trials, and the associated taxes. Commercialization Costs shall include the Commercialization Party and its Affiliates’ internal costs related to the Commercialization efforts, which shall be itemized and subject to the other Party’s annual audit in accordance with Section 4.8.

Commercialization Cost means the sum of (a) Sales and Marketing Cost; (b) any reasonable internal and out-of-pocket costs, expenses and fees incurred in prosecuting, maintaining, enforcing and defending the Product Trademark, or MERCK Patent Rights covering a Product; (c) subject to Section 10.2.1(g), License Fees, (d) any internal or out-of-pocket cost or expense expressly relating to Commercialization of a Product and (e) any internal or out-of-pocket cost or expense incurred in the performance of the Commercialization Transition Plan; provided that no internal or out-of-pocket cost or expense incurred by ARIAD after the Restated Effective Date shall be a Commercial Cost unless it is incurred in the conduct of an ARIAD Commercialization Activity.

Examples of Commercialization Cost in a sentence

If the Senior Executives are unable to resolve any matter set forth in an Escalation Notice within thirty (30) days after the applicable Party receives such Escalation Notice, then Otsuka shall have final decision-making authority with respect to all matters within the responsibilities of the JCC; provided that, Otsuka shall not have the right to use such final decision-making authority to require Acucela to fund any Initial Commercialization Costs in excess of the Aggregate Commercialization Cost Cap.
ChemTrak shall file for and pursue trademark protection for the Aware(TM) mark ▇▇ countries in the Territory where HIV Products are sold, at Selfcare's expense, subject to recovery as a Commercialization Cost.
Reata acknowledges and agrees that (x) it solely shall pay all amounts and other consideration payable or issuable to Third Parties pursuant to any Existing Reata License, and no such payment shall constitute a Development Cost or Commercialization Cost hereunder and (y) it shall not grant to any Third Party any sublicense under any Existing Reata License to Exploit any product in the New Collaboration Field.
Trubion shall have the right to purchase from Facet [ * ] (less any portion of the cost previously shared by Trubion as a Development Cost or Commercialization Cost) any or all of the inventory of Bulk API and/or Products held by or for Facet or its Affiliates as of the effective date of termination pursuant to the terms of this Agreement or the Commercial Supply Agreement, as applicable.
In the event that Selfcare exercises its right to use alternate sources of supply, the cost of securing Sample Collection Kits (or components thereof) from alternate sources of supply shall be deemed to be a Commercialization Cost.
The Increased Net Commercialization Cost Budget may only become effective after being approved by the JSC and the shareholders of I-Mab in accordance with the Applicable Listing Rules and such approved Increased Net Commercialization Cost Budget shall replace or supplement, as appropriate, the prior Net Commercialization Cost Budget.
If Astellas believes any individual Commercialization Cost that it expects or plans to incur with respect to the Licensed Territory will also reasonably benefit the Shared Territory, Astellas may propose that a portion of such Commercialization Cost be allocated in the applicable Joint Commercialization Budget to the Shared Territory, and Medivation shall consider that request reasonably and in good faith.
Any Losses, other than those Losses for which indemnification is provided in Section 14.1, Section 14.2 or Section 14.6, in connection with any Third Party Claim brought against either Party resulting directly or indirectly from the Development, Manufacture or Commercialization of Joint Products (or joint Development of New Collaboration Compounds that have not yet been Commercialized) hereunder shall be included as a Development Cost or a Commercialization Cost, as applicable.
The Parties agree and shall procure that the Commercialization Party shall not incur Commercialization Costs in a manner that would, at any given time, cause the Net Commercialization Costs (as defined below) to exceed US$100,000,000 (“Net Commercialization Cost Cap”) without the prior approval of both Parties.
If the Shared Product Damage arises from the Commercialization of the CD38 Product, the Parties shall share such Shared Product Damage as Commercialization Cost (as calculated in accordance with Section 4.).

More Definitions of Commercialization Cost

Commercialization Cost means those costs associated with the Commercialization of the Product under this Agreement set forth in the Commercialization Plan prepared by Cipla and approved by the JSC and shall include reasonable travel expenses of the Parties in connection with meetings of the JSC or for other travel necessary for the Commercialization.