Third Party Proposed Product definition

Third Party Proposed Product means an actual or potential Licensed Product that is for an application or market segment for which Harvard reasonably believes a Licensed Product is not being actively developed and commercialized by Licensee, its Affiliates or any Sublicensee hereunder.

Third Party Proposed Product means a Type II Licensed Product for vaccination against or treatment of an organism or disease for which Licensee is not developing or commercializing a Licensed Product.

Third Party Proposed Product has the meaning set forth in Section 2.5.1. Wistar Reference No. LIC15-35 Wistar/OncoCyte Certain information has been omitted under a request for confidential treatment, and the omitted information has been filed with the Commission. Confidential portions are marked [**].

Examples of Third Party Proposed Product in a sentence

• In such case, Licensee shall be obligated (a) to use commercially reasonable efforts to develop and commercialize the Third Party Proposed Product in accordance with such new development plan and (b) to meet the milestones with respect to the Third Party Proposed Product.

• If at any time following the [***], a third party makes a bona fide proposal to CMCC for developing a Third Party Proposed Product and CMCC is interested in having such Third Party Proposed Product developed and commercialized, CMCC shall notify Licensee of such proposal and shall provide Licensee with all necessary information regarding the Third Party Proposed Product, including the involvement sought by such third party, such that Licensee may assess its interest in such Third Party Proposed Product.

• After the parties agree on such development plan [***] within such [***] day period, Syllable shall be obligated (a) to use commercially reasonable efforts to develop and commercialize the Third Party Proposed Product in accordance with such new development plan [***].

• The license granted to Licensee in this Agreement under Harvard Patent Rights with respect to such Third Party Proposed Product shall terminate automatically on the effective date of such third party license.

• If CMCC enters into an agreement with such third party regarding the Third Party Proposed Product within one hundred eighty (180) days following the delivery of notice to Licensee, CMCC shall provide written notice to Licensee of such agreement.

More Definitions of Third Party Proposed Product

Third Party Proposed Product means an actual or potential Licensed Product within the Field of Use that (a) is aimed at an indication for which no Licensed Product is being, or within a [***] period is planned to be (as demonstrated by Licensee’s then current development and commercialization plans), developed, manufactured, used, marketed or sold by Licensee, its Affiliate, or its Sublicensee under a sublicense, and (b) does not present any material risk of competing through off-label use with any Licensed Product that is being, or within a [***] period is planned to be (as demonstrated by Licensee’s then current development and commercialization plans), developed, manufactured, used, marketed or sold by Licensee, its Affiliate, or its Sublicensee.

Third Party Proposed Product means an actual or potential Licensed Product that is for an application or market segment for which University reasonably believes a Licensed Product is not being actively developed and commercialized by a Licensed Entity.

Third Party Proposed Product means an actual or potential Licensed Product that (a) is aimed at an indication for which [**], (b) does not present [**] with any Licensed Product that is being (or within a [**] year period is planned to be, as demonstrated by [**], and (c) does not contain substantially the same [**] in any Licensed Product [**].

Third Party Proposed Product means an actual or potential Licensed Product (a) that is for a therapeutic category (e.g., infectious diseases, inflammatory conditions and oncological conditions) for which no Licensed Product is being developed or commercialized by Licensee, any Affiliate of Licensee or any Sublicensee and (b) that does not contain or consist of any Covered Component that is included in a Licensed Product that is being clinically developed or commercialized by Licensee, any Affiliate of Licensee or any Sublicensee. For the avoidance of doubt, sub-categories within the same general therapeutic category shall be considered the same therapeutic category (e.g., infectious diseases shall include subcategories such as bacterial diseases and fungal diseases).

Third Party Proposed Product means an actual or potential Licensed Product that (a) is aimed at an indication for which no Licensed Product is being (or within a [**] year period is planned to be, as demonstrated by Licensee’s then current development and commercialization plans) developed, manufactured, used, marketed or sold by Licensee or any Affiliate of Licensee or Sublicensee under a Sublicense, (b) does not present any material risk of competing through off-label use with any Licensed Product that is being (or within a [**] year period is planned to be, as demonstrated by Licensee’s then current development and commercialization plans) developed, manufactured, used, marketed or sold by Licensee or any Affiliate of Licensee or Sublicensee, and (c) does not contain substantially the same Covered Peptide as that contained in any Licensed Product being developed, manufactured, used, marketed or sold by Licensee or any Affiliate or Sublicensee under a Sublicense.

Third Party Proposed Product using an AAV Capsid Variant selected by Benitec, then 4D Molecular promptly shall notify Benitec of the Third Party Proposal of such Third Party (“Third Party Proposer”) and”), but only if the Third Party Proposer has authorized 4D Molecular to do so. **** Within 90 calendar days after receipt of a notice from 4D Molecular of a Third Party Proposal, Benitec shall notify 4D Molecular whether Benitec is conducting or is interested in conducting research or Development of such Third Party Proposed Product or a Product that Benitec believes in good faith is or would be competitive with such Third Party Proposed Product in the Field (a “Competitive Product”).

Third Party Proposed Product has the meaning set forth in Section 2.5.1.