Examples of Diagnostic Licensed Product in a sentence
In the event that Schering-Plough licenses a Third Party to Commercialize a Diagnostic Licensed Product, Schering-Plough shall pay to AVEO royalties on the proceeds of all Diagnostic Licensed Product Revenues in the Territory received by Schering-Plough for such a license based on the royalty table set forth in Section 7.6(a), with such Diagnostic Licensed Product Revenues being deemed to be Net Sales.
Neither Party nor any of its Affiliates has been debarred or is subject to debarment and neither Party nor any of its Affiliates will use in any capacity, in connection with the Research, Development, Manufacture or Commercialization of any Licensed Product, Diagnostic Licensed Product or Veterinary Licensed Product any Person who has been debarred pursuant to Section 306 of the United States Federal Food, Drug, and Cosmetic Act, or who is the subject of a conviction described in such section.
Diagnostic Licensed Product Revenue includes upfront payments and milestone payments paid directly or indirectly to Schering-Plough (or any of its Affiliates) from (or on behalf of) any Sublicensees (and/or sub-Sublicensees) for Diagnostic Licensed Products.
In the event that the period described in clause (b) of the preceding sentence extends beyond the period described in clause (a) of the preceding sentence with respect to a Diagnostic Licensed Product in a country (a “Diagnostic Product Extended Period”), then the royalty rate of [***]% set out above will be reduced to [***]% of Net Sales of such Diagnostic Licensed Product in such country during such Diagnostic Product Extended Period.
The Parties shall promptly thereafter meet to negotiate in good faith and agree in writing upon mutually acceptable royalty rates that will be used to determine the royalties that will be paid to FivePrime on Net Sales of such Diagnostic Licensed Product in the Territory (the “Diagnostic Royalties”).
The milestone payments and royalty rates set forth in this Section 5.3 will apply to each Diagnostic Licensed Product.
Within ninety-six (96) months of the Election Amendment Effective Date, Licensee shall initiate a Phase III Clinical Trial (or Foreign Equivalent) of a Diagnostic Licensed Product if necessary.
If the Development of a Diagnostic Licensed Product by such a third party requires the grant of an exclusive license and the termination of the license granted under this SECTION 2.9, then TILLOTTS may not unreasonably withhold or delay its consent to the termination thereof.
Within thirty (30) months of the Election Amendment Effective Date, Licensee shall submit an IND application to the FDA for a Diagnostic Licensed Product.
If the first commercial sale of a Diagnostic Licensed Product by Micromet, its Affiliate or sublicensee is made in a Major Market Country where no Marketing Approval has been granted for such Licensed Product, then both of the milestone payments set forth above will be payable as if the relevant milestone events had occurred as of the date of such first commercial sale.