Eisai Territory definition
Examples of Eisai Territory in a sentence
Eisai shall have the right at any time upon written notice to the Licensee to elect to have the Licensee supply Eisai with some or all of its requirements of Licensed Compound or Licensed Products for Commercialization in the Eisai Territory.
Except as expressly provided herein, Eisai grants no other right or license, including any rights or licenses to the Eisai Technology, the Eisai Regulatory Documentation, the Eisai Trademarks, the Eisai Territory Product Trademarks or other Intellectual Property Rights.
The Licensee shall, as between the Parties, be solely responsible for the Commercialization of the Licensed Products in the Field throughout the Licensee Territory at the Licensee’s own cost and Eisai shall, as between the Parties, be solely responsible for the Commercialization of the Licensed Products throughout the Eisai Territory at Eisai’s own cost.
Licensee is obligated to pay royalties under Article 6 thereof on all sales of any Licensed Product in the Eisai Territory.
At least once each Contract Year, Eisai shall provide the JCC with an updated Eisai Territory Commercialization Plan that reflects all amendments and updates to the previously provided Eisai Territory Commercialization Plan.
Any New Arrangement shall (i) not become effective earlier than the effective date of the termination of the License Agreement in its entirety or as to the Eisai Territory, as the case may be, (ii) include terms, conditions and limitations that are, in the aggregate, not materially more burdensome to the Company than those contained in the License Agreement and (iii) require the advance written consent (not to be unreasonably withheld, conditioned or delayed) of the Investor.
Any and all such amendments to the Eisai Territory Development Plan shall be subject to approval by the JSC as set forth in Section 4.1.3. Neither the initial Eisai Territory Development Plan nor any amendment to the Eisai Territory Development Plan will be effective unless approved by the JSC in accordance with Section 4.1.3, including the dispute resolution procedures set forth in Section 4.4. All amendments to the Eisai Territory Development Plan must be in writing.
The Company shall provide to the Investor a copy of any written notice of any suspected infringement in the Eisai Territory of any of the Licensed Patents delivered or received under Section 8.5.1 of the License Agreement or otherwise as soon as practicable and in any event not less than five (5) Business Days following such delivery.
The Eisai Territory Commercial Supply Agreement and Eisai Territory Commercial Quality Agreement shall contain terms and conditions that are usual and customary for a commercial supply agreement or related quality agreement, as applicable, between companies in the pharmaceutical/biological industry of comparable size as expertise to the respective Parties.
The Company has not initiated, pursuant to Section 6.8.2 of the License Agreement or otherwise, any inspection or audit of books of accounts or other records pertaining to Net Sales of Licensed Products in the Eisai Territory, or to the calculation of royalties or other amounts payable by Licensee to the Company under the License Agreement.