Examples of Launch Notice in a sentence
Without limiting the generality of the preceding sentence, in the event that, at any time after such withdrawal of the Product, Seller determines to engage in a new commercial launch of the Product in the Territory, Seller shall provide to Purchaser a Launch Notice pursuant to Section 2.3.1 above and the remaining provisions of this Section 2.3 shall again apply to such new Launch Notice.
Such written notice shall be referred to herein as an “At-Risk Launch Notice,” unless based on a Final Favorable Resolution, in which case such written notice shall be referred to herein as a “Non-At-Risk Launch Notice.” As used herein, a “Launch Notice” may refer generally to an At-Risk Launch Notice and/or a Non-At-Risk Launch Notice.
In the event that Purchaser receives an At-Risk Launch Notice, Purchaser shall notify Seller in writing within 10 days of Purchaser’s receipt thereof whether or not Purchaser agrees to launch the commercial sale of the Product to Purchaser Customers in the Territory as contemplated herein based on such At-Risk Launch Notice (an “At-Risk Launch”).
In the event that Seller notifies Purchaser that it has determined to not engage in a Seller Launch, this Agreement shall continue in full force and effect and Seller may at any time thereafter submit a new Launch Notice, at which time the parties shall, among other things, again proceed in accordance with the provisions of this Section 2.3.
Such written notice shall be referred to herein as an "At-Risk Launch Notice," unless based on a Final Favorable Resolution, in which case such written notice shall be referred to herein as a "Non-At-Risk Launch Notice." As used herein, a "Launch Notice" may refer generally to an At-Risk Launch Notice and/or a Non-At-Risk Launch Notice.
In the event that Seller notifies Purchaser that it has determined to not engage in a Seller Launch, this Agreement shall continue in full force and effect and Seller may at any time thereafter submit a new Launch Notice, at which time the parties shall, among other things, again proceed in accordance with the provisions of this Section 2.3. Confidential treatment has been requested for portions of this exhibit.
In the event that Purchaser receives an At-Risk Launch Notice, Purchaser shall notify Seller in writing within 10 days of Purchaser's receipt thereof whether or not Purchaser agrees to launch the commercial sale of the Product to Purchaser Customers in the Territory as contemplated herein based on such At-Risk Launch Notice (an "At-Risk Launch").
Notwithstanding the foregoing, Affiliate may provide the completed Launch Notice by means of electronic mail ("E-MAIL").
Within 5 days following receipt of a Non-At-Risk Launch Notice by Purchaser or delivery to Seller of Purchaser's notice that it will engage in an At-Risk Launch, Purchaser shall deliver to Seller an initial binding order (the "Initial Purchase Order") for the quantity of Product required for Purchaser's commercial launch of the Product consistent with [***] Certain information on this page has been redacted and filed separately with the Securities and Exchange Commission.
Notwithstanding the foregoing, Affiliate may provide the completed Launch Notice by means of electronic mail (“e-mail”).