Example ContractsClausesCommercialization Activities
Commercialization Activities
Commercialization Activities contract clause examples

Commercialization Activities. Subject to the remainder of this ARTICLE 4, as between the Parties, PARTNER shall have the sole right to Commercialize Licensed Products in the Licensed Field throughout the Territory. REGENX shall participate in the Commercialization of Licensed Products in the Licensed Field in the [[Address A:Address]] with the scope of such participation determined in advance by the JCC (subject to the applicable decision-making provisions of [Section 7.4.3(g)]).

Commercialization Activities. Except otherwise expressly allocated to Viela in this Agreement, including in [Section 4.6.3] (Commercialization Cooperation), MTPC shall have sole responsibility for all aspects of Commercialization of Products in the Field in the Territory and shall use

Commercialization Activities. Each Party shall have the sole right and responsibility, at its sole cost and expense, to conduct Commercialization activities with respect to the Licensed Compound and the Licensed Products in such Party’s Applicable Territory in its sole discretion. Alexion will provide Eidos with written notice of the First Commercial Sale of each Licensed Product in the Field in the Territory as soon as reasonably practicable after such event; provided, however, that, Alexion will inform Eidos of such event prior to public disclosure of such event by Alexion.

Assumed Commercialization Activities. Subject to any applicable [[Unknown Identifier]] Co-Co Clinical Supply Agreement or [[Unknown Identifier]] Co-Co Commercial Supply Agreement, if # either Party anticipates that it is likely to, or has, defaulted on its obligations to timely perform one or more material Commercialization activities allocated to such Party under a [[Unknown Identifier]] Co-Commercialization Plan, and such failure delays the performance of such matters for a period of more than ​ beyond the timeline set forth in such [[Unknown Identifier]] Co-Commercialization Plan, such Party shall so notify the other Party regarding such anticipated or actual failure to perform, or # either Party has defaulted on its obligations to perform one or more material Commercialization activities allocated to such Party under a [[Unknown Identifier]] Co-Commercialization Plan and such failure delays the performance of such matters for a period of more than ​ beyond the timeline set forth in such [[Unknown Identifier]] Co-Commercialization Plan, the other Party may provide written notice of such failure to the defaulting Party and, in either case (clause (i) or (ii)), the defaulting Party shall have a ​ period (or such longer time as may be reasonably necessary so long as the defaulting Party continues to use diligent efforts to remediate such default pursuant to a plan of remediation) to commence the performance of such Commercialization activities in accordance with the terms hereof and the applicable [[Unknown Identifier]] Co- Commercialization Plan, or, if it is not possible to commence performance during such time period due to factors outside that Party’s control (e.g., force majeure), to commence steps needed to resolve the causes of such delayed performance, and to commence performance as soon as reasonably practicable (the “Commercialization Activities Cure Period”). If # the defaulting Party has not commenced such performance or such steps to resolve such causes of the delay (as the case may be) during the applicable Commercialization Activities Cure Period, # the defaulting Party notifies the non-defaulting Party in writing that the defaulting Party anticipates that it shall be unable to perform such Commercialization activities, or # the defaulting Party does not perform such Commercialization activities in accordance with the applicable [[Unknown Identifier]] Co-Commercialization Plan or otherwise in accordance with this Article 7, within a reasonable period of time in accordance with the terms hereof, then, in each case ((a)-(c)), the non-defaulting Party may, upon written notice to the defaulting Party, assume those Commercialization activities that are the subject of such default by the defaulting Party (the “Assumed Commercialization Activities”). In connection with the defaulting Party’s failure to perform such activities or default of such obligations and the non-defaulting Party’s assumption thereof, and without limiting the other rights and remedies that the non-defaulting Party may have hereunder, at law or in equity:

Reports of Commercialization Activities. MTPC shall report on its performance of the Commercialization activities set forth in the Commercialization Plan at each meeting of the JSC. In addition, MTPC shall, at Viela’s expense, make appropriate scientific and regulatory personnel available to Viela, either by telephone or in person upon Viela’s reasonable request, as reasonably required to keep Viela informed of the Commercialization activities, including MTPC’s efforts to achieve the diligence obligations set forth in [Section 4.6.5].

Coordination of Commercialization Activities. The Parties recognize that they may benefit from the coordination of certain activities in support of the Commercialization of XIPERE Products in and outside the Territory. As such, the Parties shall, from time to time, meet to discuss the potential coordination of Commercialization activities where appropriate, which may include scientific and medical communication and product positioning. Each Party shall keep the other Party timely informed on the progress and results of its Commercialization of XIPERE Products in its territory. Notwithstanding the above, the Parties shall retain sole discretion of the Commercialization and related activities of the Products in their respective territories, including that each Party shall determine the price of Products sold in its territory, and neither Party may direct, control, or approve the pricing of Products in the other Party’s territory. If the Parties mutually agree, the Parties shall coordinate, develop, and adopt the key distinctive colors, logos, images, symbols, and/or trademarks to be used in connection with the Commercialization of XIPERE Products both in and outside the Territory (such branding elements, collectively, the “Global Brand Elements”). Clearside shall own all rights in such Global Brand Elements and shall and hereby does grant Bausch Health the exclusive, royalty-free, fully paid-up, sublicensable right and license to use such Global Brand Elements in connection with the Development, Manufacture and Commercialization of XIPERE Products in the Field in the Territory. Unless

Commercialization. IMMEDICA shall be solely responsible for the Commercialization of the Product in the Territory. IMMEDICA will undertake such activities at its sole expense.

Commercialization. Subject to the terms and conditions of this Agreement, Licensee shall control and be solely responsible, at its expense, for marketing, promotion and commercialization of Product in the Field in the Territory, including # developing and executing a commercial launch and pre-launch plan, # negotiating with applicable Governmental Authorities and other payors regarding the price and reimbursement status of the Products, # Confidential

Roche, at its own expense, shall have the sole responsibility and decision-making authority for the marketing, promotion, sale and distribution of Products in the Field in the Roche Territory.

Commercialization. BMS will have sole and exclusive control, at its own cost and expense, over all matters relating to Commercialization of Licensed Products in the Field in the Territory, either by itself or with or through one or more Affiliates, Sublicensees or Third Parties. BMS shall update MTEM ​ regarding its Commercialization activities with respect to the Licensed Products in the Territory. Each such update shall summarize BMS’, its Affiliates’ and Sublicensees’ Commercialization activities in the Territory with respect to Licensed Products Directed to each Collaboration Target for which BMS has exercised its Option, at a level of detail reasonably necessary for MTEM to determine BMS’ compliance with its obligations under [Section 6.6]. BMS shall provide further information as MTEM may reasonably request regarding the foregoing. BMS or its designated Affiliates or Sublicensees will select and own all trademarks used in connection with Commercialization of Licensed Product(s) in the Field in the Territory and MTEM will not use nor seek to register, anywhere in the Territory, any trademark that is confusingly similar to any trademark used by or on behalf of BMS, its Affiliates or Sublicensees in connection with any Licensed Product.

Next results

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.