Examples of Third Party Distributor Agreement in a sentence
Notwithstanding assignment of a Third Party Distributor Agreement to Eisai, with respect to Product for sale to any Designated Distributor under the applicable Third Party Distributor Agreement, the provisions of this Article 9 following shall apply; provided that Arena’s obligations under this Agreement with respect to the Designated Distributors will apply only to the extent that the applicable Designated Distributor complies with the applicable terms of this Agreement.
The rights granted in this Section 4.1 and other provisions of this Agreement to the extent applicable to the territory of any Third Party Distributor Agreement are subject to the rights and obligations set forth in the Third Party Distributor Agreements, as may be amended from time to time.
For Product ordered by Eisai (or any Designated Distributor) on or after the Specified Date (under the Existing Agreement, any Third Party Distributor Agreement or under this Agreement), Eisai shall pay Arena the applicable prices set forth on Exhibit D, subject to the adjustments described below.
There are no disputes under any Third Party Distributor Agreement and Arena GmbH has not received any notice that any Third Party Distributor intends to cancel or terminate any Third Party Distributor Agreement.
Except as previously disclosed to Eisai, no Third Party Distributor has made any demands for renegotiation of any amount to be paid or payable to or by Arena GmbH under a Third Party Distributor Agreement.
With respect to each Designated Distributor, except to the extent otherwise instructed by Eisai in writing or set forth in this Agreement, Arena shall continue to adhere to the procedures for forecasting, ordering and delivery of Supplied Products set out in the applicable Third Party Distributor Agreement consistent with prior practices under such agreements.
Neither Arena GmbH, nor to Arena’s Knowledge, any Third Party Distributor, has taken any action that would cause any Third Party Distributor Agreement to terminate or fail to renew.
In connection with entering into any Third Party Distributor Agreement, the Selling Party shall ensure that it and the applicable Third Party Distributor enter into an appropriate pharmacovigilance agreement consistent with the terms of the PVA.
In connection with entering into any Third Party Distributor Agreement, the Selling Party shall ensure that it and the applicable Third Party Distributor enter into an appropriate safety data exchange agreement consistent with the terms of the SDEA.
For the avoidance of doubt, nothing in this Section 5.1(b)(iii) shall preclude either Party (or its applicable Affiliate) from negotiating, extending or modifying any Third Party Distributor Agreement (or any other agreement) as it applies to any of its products other than the Combination Product.