Marketing Plan and Budget. (a) The CSC shall, subject to the provisions of Sections 3.4(c), (d), (e) and (f), develop a Marketing Plan (a "Marketing Plan") and a marketing budget (a "Co-Promotion Budget") for the period from the Effective Date through Launch of the first Product in the US Territory and for each Year thereafter during the Co-Promotion Term consistent with Exhibit 6.2 and the other terms of this Agreement. The first Marketing Plan shall be a pre-Launch Marketing Plan, such Marketing Plan to be as approved by the JOC within six (6) months of the Effective Date (the "Pre-Launch Marketing Plan"). The Pre-Launch Marketing Plan shall contain a pre-Launch Co-Promotion Budget covering the period of time from the Effective Date through the Launch of the first Product in the US Territory of up to $[**] or such higher amount as is agreed between the Parties. The pre-Launch Co-Promotion Budget shall not exceed $[**] unless otherwise agreed by both Parties, and neither Party's election to withhold such agreement shall be subject to the other Party's decision-making authority. Neither Party shall engage in any Co-Promotion activities except as provided in the applicable Marketing Plan. Subsequent annual Marketing Plans will describe the plan for commercialization of the Products in the US Territory, including: (a) general strategies for the Detailing and marketing of the Products and allocation of responsibilities for marketing activities; (b) Detail Requirements and sampling activities, if any; (c) market and sales forecasts; (d) pricing and discounting analysis; (e) advertising, public relations and other promotional programs, including professional symposia and speaker and activity programs to be used in the Co-Promotion of the Products; and (f) [**]. Each Marketing Plan and the Co-Promotion Budget may, subject to the provisions of Sections 3.4(c), (d), (e) and (f), be updated from time to time as deemed appropriate by the CSC.
Marketing Plan and Budget. The co-promotion of each Collaboration Product will be governed by a marketing plan and budget (the "Marketing Plan and Budget"). The Executive Committee will be responsible for approving the Marketing Plan and Budget developed by the Marketing Committee. The Marketing Plan and Budget will describe fully, to the extent practicable, the proposed plan for commercialization of the Collaboration Product in each Co-Promotion Country, including overall marketing strategy, anticipated marketing, sales and promotion efforts by each Party, market and sales forecasts, pricing analysis and estimated launch date, as well as advertising and other promotional materials to be used in the co-promotion. The Marketing Plan and Budget will be prepared taking into consideration factors such as market conditions, regulatory factors and competition, and the budget will include all projected co-promotion expenses for the Collaboration Product.
Marketing Plan and Budget. The MC shall develop a Marketing Plan (a "Marketing Plan") and a marketing budget (a "Co-Promotion Budget") for each Year during the Co-Promotion Term consistent with the terms of this Agreement, except following an event described in Section 3.5(c). The Co-Promotion Budget will include all Out-of-Pocket Costs of each party arising out of the conduct of the Marketing Plan and all such costs will be borne by Pfizer. Neurocrine shall not engage in any Co-Promotion activities except as provided in the Marketing Plan and/or approved by the MC. The Marketing Plan and the Co-Promotion Budget will describe the plan for commercialization of the Products in the US Territory, including: (a) general strategies for the Detailing and marketing of the Products and allocation of responsibilities for marketing activities; (b) each party's training, Detail Requirement and sampling activities, if any; (c) market and sales forecasts; (d) pricing and discounting analysis; (e) advertising, public relations, disease management programs and other promotional programs, including professional symposia and speaker and activity programs to be used in the Co-Promotion of the Products; (f) Phase III(b) and IV Product Studies and (g) budgeted Medical and Marketing Expenses for each of the foregoing. The Marketing Plan shall not address sales force incentives or compensation, and, each party shall have sole authority and responsibility for designing and executing any such program for its sales force. The Marketing Plan and the Co-Promotion Budget may be updated throughout the Year as deemed appropriate by the MC.
Marketing Plan and Budget. The Marketing Plan and related Budget of Net Sales and Marketing Expenses for 2006 have been agreed to by the AMC and each of the Parties and is attached hereto as Exhibit 8.5. Each Marketing Plan shall set forth the manner in which the Product is to be promoted and Detailed during the period to which the Marketing Plan relates and shall include, at a minimum: (a) the minimum number of quarterly and annual Details to be provided by each Party and targets therefor which shall be allocated in a professionally equitable manner; (b) Product positioning, strategy and tactics with supporting advertising and promotional activity to be undertaken; (c) the Budget of Net Sales and Marketing Expenses, including, without limitation, direct to consumer advertising; (d) any training and/or sampling programs to be conducted; (e) medical and education programs to be conducted; (f) public relations activities; and (g) such other information relating to the marketing of the Product(s) as deemed advisable by the AMC. Neither Party shall make any material change in any previously approved Marketing Plan without the prior written approval of the AMC, prior to the Amendment Execution Date and the other Party after the Amendment Execution Date through the end of the Copromotion Period.
Marketing Plan and Budget. On or prior to November 1 of each year during the Term of this Agreement, AHPC shall develop a Marketing Plan and the related Budget of Net Sales and Marketing Expenses for the following calendar year and submit such Marketing Plan to the AMC for approval; provided, that the Marketing Plan for the period between the Initiation Date and December 31, 2000 shall be developed by AHPC and submitted for the approval of the AMC on or prior to the Initiation Date, which shall be based on the Altace Preliminary Promotional Plan dated May 11, 2000. Each Marketing Plan shall set forth the manner in which the Product is to be promoted and Detailed during the period to which the Marketing Plan relates and shall include, at a minimum: (a) the minimum number of quarterly and annual Details to be provided by each party and targets therefor which shall be allocated in a professionally equitable manner; (b) Product positioning, strategy and tactics with supporting advertising and promotional activity to be undertaken; (c) the Budget of Net Sales and Marketing Expenses, including, without limitation, direct to consumer advertising; (d) any training and/or sampling programs to be conducted; (e) medical and education programs to be conducted; (f) public relations activities; and (g) such other information relating to the marketing of the Product as deemed advisable by the AMC. Neither party shall make any material change in any previously approved Marketing Plan without the prior written approval of the AMC. Additionally, within thirty (30) days after the Effective Date, KING shall submit to the AMC for review and approval an initial Product production forecast.
Marketing Plan and Budget. (a) On or prior to October 1 of each year during the Term of this Agreement, the AMC will agree upon expense contributions to the Collaboration Program to be made by each party and will approve a marketing plan and budget for the following Calendar Year (each a “Marketing Plan and Budget”); provided that the Marketing Plan and Budget for the period between the Effective Date and December 31, 2005 will be approved by the AMC within one month of the Effective Date. If the parties are unable to agree on a Marketing Plan and Budget prior to October 1, the Marketing Plan and Budget applicable to the current Calendar Year will apply to the following Calendar Year until such time as the parties are able to agree on a new Marketing Plan and Budget. The initial draft of the Marketing Plan and Budget will be developed by King and Inyx for final approval by the AMC, with King developing the portions of the Marketing Plan and Budget relating to clauses (i) through (v) and (xi) in Section 3.1(b) below, and Inyx developing the portions relating to clauses (vi) through (x) below.
Marketing Plan and Budget. The co-promotion of each Collaboration Product will be governed by a marketing plan and budget (the "Marketing Plan and Budget"). Warner will be responsible for preparing and approving the Marketing Plan and Budget. The Marketing Plan and Budget will describe fully, to the extent practicable, the proposed plan for commercialization of the Collaboration Product in the Co-Promotion Country, including overall marketing strategy, anticipated marketing, sales and promotion efforts by each party, market and sales forecasts, pricing analysis and estimated launch date, as well as advertising and other promotional materials to be used in the co-promotion. The Marketing Plan will be prepared taking into consideration factors such as market conditions, regulatory factors and competition. The Budget will include all projected Co-Promotion Expenses for the Collaboration Product. The initial Marketing Plan and Budget shall be prepared and approved by Warner, after discussions with CoCensys, no later than 3 months after the first filing of an NDA (or its foreign equivalent) for a Collaboration Product in the Co-Promotion Country.
Marketing Plan and Budget. Within 30 days of the Effective Date for the remainder of 2002, and not less than 30 days prior to the end of this and any subsequent calendar year during the term of this Agreement, Micromet and Enzon will meet and agree on a plan for marketing activities to be performed by Micromet for the remainder of 2002, and the following calendar years, respectively (the “Marketing Plan”). Each Marketing Plan will include a reasonably detailed budget of the FTE levels and the out-of-pocket costs and expenses expected to be incurred by Micromet in connection with the performance of the Marketing Plan (“Marketing Budget”).
Marketing Plan and Budget. Within fifteen (15) days after the execution of this Agreement, Acorn shall provide to RALLC a marketing plan and budget (the "Marketing Plan and Budget") which shall set forth in detail the activities which Acorn proposes to undertake to market the facility during the first twelve months of this Agreement and the anticipated cost of such activities. RALLC shall have the right to review and approve the Marketing Plan and Budget. RALLC agrees that it shall not unreasonably withhold its approval of the Marketing Plan and Budget provided that same does not provide for start up expenditures more than approved for in the budget, or monthly expenditures of more than approved in the budget. Acorn shall provide RALLC with an updated Marketing Plan and Budget prior to the expiration of the initial Marketing Plan and Budget or the then effective updated Marketing Plan and Budget. Each updated Marketing Plan and Budget shall cover a twelve month 2 period (or such shorter period as may then be remaining under the terms of this Agreement) immediately subsequent to the end of the period covered by the then effective Marketing Plan and Budget; provided, however, that no provision shall be permitted to be made in any updated Marketing Plan and Budget for start up expenditures. Once approved, Acorn shall market the Facility in accordance with the terms of the Marketing Plan and Budget. In the event Acorn intends to expend any amounts in excess of the amounts reflected in the initial or in any updated Marketing Plan and Budget, Acorn shall be required to secure the prior written approval of RALLC, which approval shall not be unreasonably withheld provided the anticipated cost thereof will not exceed $1,000 individually or $10,000 in the aggregate when taken in conjunction with prior unbudgeted expenditures for which approval was not required (the "Approved Unbudgeted Expenditures"). c.
Marketing Plan and Budget. No later than six (6) months after filing of the NDA, the JMT shall initiate preparation of a marketing plan (the "Marketing Plan") and a marketing budget (the "Marketing Budget"). The Marketing Plan and the Marketing Budget will describe, to the extent practicable, the proposed plan for commercialization of the Product, including overall marketing strategy, anticipated marketing, sales and promotion efforts by each Party, market and sales forecasts, pricing and discounting analysis and estimated launch date, as well as advertising and other promotional materials to be used in the Co-Promotion. The Marketing Budget will include projected Co-Promotion Expenses. The Marketing Plan and the Marketing Budget shall be updated as deemed appropriate by the JMT, but in no event less frequently than annually. The Marketing Plan and the Marketing Budget and certain changes therein shall be subject to approval of the Executive Committee as provided in sub-section 2.2.2.
