Examples of Divested Product in a sentence
Defendants may require as a condition of providing aggregated, normalized, and anonymized data that is covered by Section V.B that Acquirer provide the same data the Divested Product currently provides as an input into the aggregated, normalized, and anonymized data, if Acquirer is permitted to provide its data under terms that require Defendants to preserve the confidentiality of Acquirer’s data and not use Acquirer’s data except in the aggregated, normalized, and anonymized form.
The Transition Services Agreement shall enumerate all the duties and services that Acquirer requires of Defendants to support the development, marketing, and sale of any Divested Product.
During the term of Contract Manufacturing, upon reasonable request by the Acquirer, Respondent shall make available to the trustee appointed pursuant to Paragraph VIII.A. of this Order all records kept in the normal course of business that relate to the cost of manufacturing the Divested Product.
Respondent shall commence delivery of the Divested Product to the Acquirer within two (2) months from the date the Commission approves the Acquirer and the Divestiture Agreement.
Respondent shall agree to indemnify,defend and hold the Acquirer harmless from any and all suits, claims, actions, demands, liabilities, expenses or losses alleged to result from the failure of the Divested Product ContractManufactured by Respondent to meet FDA specifications.
If Respondent fulfills its obligations pursuant to this Order by divesting assets relating to a product for which the FDA has issued either approval of a NDA or an ANDA (hereinafter Divested Product), Respondent shall execute an Agreement (hereinafter Divestiture Agreement) with the Acquirer of such Divested Product.
After Respondent commences delivery of the Divested Product to the Acquirer pursuant to Paragraph VII.B.2 of this Order, all inventory of the Divested Product produced by Respondent for the U.S. market at the facility that produced such Divested Product, regardless of the date of its production, may be sold by Respondent only to the Acquirer.
Respondent shall Contract Manufacture and deliver to the Acquirer in a timely manner the requirements of the Acquirer for the Divested Product at Respondent’s or MMD’s Cost for a period not to exceed five (5) years from the date the Divestiture Agreement is approved, or six (6) months after the date the Acquirer obtains all necessary FDA approvals to manufacture the Divested Product for sale in the United States, whichever is earlier.
As to any Divestiture Asset that is not primarily related to the Divested Product because its primary use or application is in a product that will be retained by the Defendants, the asset may be divested pursuant to Section IV or VI of this Final Judgment by granting Acquirer a perpetual, non-exclusive license.
Id. at ¶¶ 33, 47.While GALIC pleads nine counts against four defendants, GALIC seeks only one outcome: payment of money damages by the Secretary to GALIC of $20,043,618.