Joint Commercialization Plan definition
Examples of Joint Commercialization Plan in a sentence
In the event of any inconsistency between a Joint Commercialization Plan and this Agreement, the terms of this Agreement will prevail.
In the event of any inconsistency between a Joint Commercialization Plan and this Agreement, the terms of this Agreement shall prevail.
Each Party shall conduct its activities under the Joint Commercialization Plan in compliance in all material respects with Applicable Law.
Subject to Section 8.3(c), each Joint Commercialization Plan will allocate the Co-Promotion responsibilities of the Parties in an equitable fashion taking into account the Parties’ respective capabilities.
For clarity, Additional Agreed Activities conducted after Opt-In may be conducted by or at the direction of either Party as shall be set forth in the Joint Development Plan or Joint Commercialization Plan, as applicable.
In addition, any expenditure or cost that exceeds the amount set forth in the applicable Joint Commercialization Plan by more than [***] for a calendar year or any unbudgeted cost that is incurred by either Party will be borne by such Party; provided that the JCC will have the discretion to review such expenditures or costs and propose to the JSC that they be designated as Joint Commercialization Costs.
Neither Party shall be required to undertake specific activities with respect to the Development and Commercialization of the Shared Product for the U.S. unless such assigned activities are set forth in a Joint Development Plan or Joint Commercialization Plan.
For each Development Candidate, during the Late Clinical Development Term and following review of the data from activities under the applicable Early Clinical Development Plan and Late Clinical Development Plan, the JSC will decide whether such Development Candidate should be selected as a Product for Commercialization pursuant to a Joint Commercialization Plan in accordance with the terms and conditions of this Agreement.
No such Joint Commercialization Costs may be allocated in whole or in part without the express written consent of SGI and for clarity will not be subject to decision within the JDC or JSC (it being understood that each of the Parties will be deemed to have consented expressly in writing that any such Joint Commercialization Costs included as part of the applicable Joint Commercialization Plan be so allocated to the extent appearing in such plan).
As part of the preparation of the initial Joint Commercialization Plans and any amendments thereto as described in Section 5.2 (Joint Commercialization Plans), the JCC will identify any changes to the Major Commercialization Activities in such Joint Commercialization Plan and assign a Commercialization Lead Party that will be responsible for such Major Commercialization Activity.