Other Independent Product definition

Other Independent Product means an Independent Product intended for use in or marketed in the Field (a) that is not a Gillette Joint Independent Product, and (b) that is Launched by or on behalf of Gillette, optionally with one or more Third Parties, during the Exclusivity Period or within seven (7) years after the first to occur of the termination of (i) the Exclusivity Period, or (ii) this Agreement.

Other Independent Product means an Independent Product intended for use in or marketed in the Field (a) that is not a Gillette Joint Independent Product, and (b) that is Launched by or on behalf of Gillette, optionally with one or more Third Parties, during the Exclusivity Period or within seven (7) years after the first to occur of the termination of (i) the Exclusivity Period, or (ii) this Agreement. “Palomar Collaborator” shall mean a Third Party to which Palomar has granted a license, sublicense or other rights under certain Palomar Technology for purposes of Exploiting any product, process or system that uses Optical Radiation outside the Female Field. “Palomar Confidential Information” shall mean Confidential Information of Palomar. “Palomar Excluded Inventions” shall mean any and all Information and Inventions that are (a) first conceived, developed or reduced to practice by or on behalf of representatives, employees, agents or research partners of Palomar (excluding Gillette), either alone or jointly (as determined under U.S. patent law) with Third Party(ies), (b) on or after the Amendment Date (but not before) and during the term of the Agreement, and (c) in connection with activities arising from, or performed pursuant to, the R&D Plan, or in the course of performing Additional Activities or Commercial Assessment Period Additional Activities, in each case to the extent such Information and Inventions consist of or constitute any (i) Topical, (ii) Device Consumer Interface, (iii) Business Methods and Materials or (iv) Selected Topical Containers provided, that, for clarity, it is understood and agreed that in each case ((i), (ii), (iii) and (iv)), “Palomar Excluded Inventions” shall not include any and all Information and Inventions that are first conceived or developed in connection with activities conducted more than twelve (12) months after the latest to occur of the completion of the R&D Activities, Additional Activities or Commercial Assessment Period Additional Activities. “Palomar Excluded Know-How” shall mean all Information and Inventions included in the Palomar Excluded Inventions that are not generally known, plus all Specific Property Rights arising from Palomar Excluded Inventions, but excluding any Information and Inventions to the extent claimed by a Palomar Excluded Patent. “Palomar Excluded Patents” shall mean any Patents to the extent (and only to the extent) one or more claims of such Patents claim any Palomar Excluded Inventions, provided that “Palomar ...

Other Independent Product means an Independent Product intended for use in or marketed in the Field (a) that is not a Gillette Joint Independent Product, and (b) that is Launched by or on behalf of Gillette, optionally with one or more Third Parties, during the Exclusivity Period or within seven (7) years after the first to occur of the termination of (i) the Exclusivity Period, or (ii) this Agreement. “Palomar Confidential Information” shall mean Confidential Information of Palomar. “Palomar Know-How” shall mean all Information and Inventions in the Control (other than pursuant to this Agreement) of Palomar as of the Effective Date or at any time during the term of this Agreement that are necessary or useful for, or otherwise related to, the Exploitation of Light-Based Hair Management Products in the Female Field and that are not generally known, but excluding (a) any Information and Inventions to the extent claimed by one or more of the Palomar Patents or Joint Patents, and (b) any Joint Know-How. Palomar Know-How shall include, subject to the preceding exclusion, all clinical, safety, Manufacturing and quality control -xi-

Examples of Other Independent Product in a sentence

• Xxxxxxxx’x obligation to pay to Palomar TTPs pursuant to this Section 6.2(b)(ii) shall commence on the date of First Commercial Sale of each Other Independent Product and shall terminate on the tenth (10th) anniversary of the First Commercial Sale of the first Other Independent Product Launched by Xxxxxxxx in the Field.

• Subject to Sections 6.2(a)(iii) and 6.2(a)(iv), in the event that, during the Exclusivity Period, Xxxxxxxx Launches a Xxxxxxxx Joint Independent Product or an Other Independent Product in the Field, within thirty (30) days of such Launch, Xxxxxxxx shall pay to Palomar on account of the Launch of such product, five million dollars (US $5,000,000).

• Once Xxxxxxxx has made a payment(s) to Palomar pursuant to Section 6.2(a)(i) or 6.2(a)(ii) on account of the first Xxxxxxxx Joint Independent Product or Other Independent Product Launched by Xxxxxxxx in the Field, Xxxxxxxx shall have no further obligation to make payments to Palomar pursuant to Section 6.2(a)(i) or 6.2(a)(ii) on account of any subsequent or other Xxxxxxxx Joint Independent Product or Other Independent Product Launched by Xxxxxxxx in the Field.

• For 2018, the monthly premium for University of Maryland Health Advantage Dual is $30.70.

• Subject to Sections 6.2(a)(iii) and 6.2(a)(iv), in the event that, after the termination, if any, of the Exclusivity Period, Xxxxxxxx Launches a Xxxxxxxx Joint Independent Product or an Other Independent Product in the Field, within thirty (30) days of such Launch, Xxxxxxxx shall pay to Palomar on account of the Launch of such product, ten million dollars (US $10,000,000).

• Subject to Sections 6.2(a)(iii) and 6.2(a)(iv), in the event that, after the termination, if any, of the Exclusivity Period, Gillette Launches a Gillette Joint Independent Product or an Other Independent Product in the Field, within thirty (30) days of such Launch, Gillette shall pay to Palomar on account of the Launch of such product, ten million dollars (US $ 10,000,000).

• Once Gxxxxxxx has made a payment(s) to Palomar pursuant to Section 6.2(a)(i) or 6.2(a)(ii) on account of the first Gxxxxxxx Joint Independent Product or Other Independent Product Launched by Gxxxxxxx in the Field, Gxxxxxxx shall have no further obligation to make payments to Palomar pursuant to Section 6.2(a)(i) or 6.2(a)(ii) on account of any subsequent or other Gxxxxxxx Joint Independent Product or Other Independent Product Launched by Gxxxxxxx in the Field.

• Once Gillette has made a payment(s) to Palomar pursuant to Section 6.2(a)(i) or 6.2(a)(ii) on account of the first Gillette Joint Independent Product or Other Independent Product Launched by Gillette in the Field, Gillette shall have no further obligation to make payments to Palomar pursuant to Section 6.2(a)(i) or 6.2(a)(ii) on account of any subsequent or other Gillette Joint Independent Product or Other Independent Product Launched by Gillette in the Field.

• Notwithstanding anything contained in Sections 6.2(a)(i) and 6.2(a)(ii), in the event that, as of the date of Gxxxxxxx’x Launch of a Gxxxxxxx Joint Independent Product or Other Independent Product in the Field, Palomar has not obtained Regulatory Approval in the United States for the First Female Product, Gxxxxxxx’x obligation to make a lump-sum payment to Palomar pursuant to Section 6.2(a)(i) or 6.2(a)(ii), as applicable, shall be deferred until thirty (30) days after such Regulatory Approval is obtained.

• Notwithstanding anything contained in Sections 6.2(a)(i) and 6.2(a)(ii), in the event that, as of the date of Gillette’s Launch of a Gillette Joint Independent Product or Other Independent Product in the Field, Palomar has not obtained Regulatory Approval in the United States for the First Female Product, Gillette’s obligation to make a lump-sum payment to Palomar pursuant to Section 6.2(a)(i) or 6.2(a)(ii), as applicable, shall be deferred until thirty (30) days after such Regulatory Approval is obtained.