Common use of Adverse Reaction Reporting Clause in Contracts

Adverse Reaction Reporting. To the extent permitted by LAW, COMPANY shall keep NEKTAR AL informed of all "adverse drug experiences" as such term is defined in 21 CFR §312.32 and 21 CFR §314.80, relating to the SELECTED REAGENT or the SELECTED PRODUCT, to the extent that such adverse drug experiences are required to be reported to the FDA pursuant to 21 CFR §312.32(c) or 21 CFR §314.80. COMPANY also agrees to promptly provide to NEKTAR AL (i) a copy of all reports filed with the FDA under 21 CFR §312.32(c) and (d) and 21 CFR §314.80, (ii) notice of a decision by the COMPANY to withdraw the IND for the SELECTED PRODUCT or a decision by the FDA to CONFIDENTIAL [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. place a clinical hold on the SELECTED PRODUCT, and (iii) a copy of the annual report that COMPANY submits to the FDA under 21 CFR §312.33, excluding in each case CONFIDENTIAL INFORMATION that does not specifically relate to the safety of the SELECTED REAGENT. If it is not clear whether an adverse drug experience specifically relates to the SELECTED REAGENT, then COMPANY shall be obligated to notify NEKTAR AL hereunder if COMPANY suspects or has reason to suspect that such adverse drug experience relates to the SELECTED REAGENT. If NEKTAR AL is informed or becomes aware of any safety issues or concerns specifically relating to the safety of the SELECTED REAGENT, NEKTAR AL shall promptly notify COMPANY; NEKTAR AL shall also provide to COMPANY such other information specifically relating to safety of the SELECTED REAGENT as is reasonably necessary to comply with requirements of HAS of MAJOR MARKET COUNTRIES.

Appears in 2 contracts

Samples: License, Manufacturing and Supply Agreement (Affymax Inc), License, Manufacturing and Supply Agreement (Affymax Inc)

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Adverse Reaction Reporting. Each party shall advise the other party, by telephone or facsimile, within such time as is required to comply with Applicable Laws after it becomes aware of any adverse reaction involving the Licensed Product. Such advising party shall provide the other party with a written report delivered by confirmed facsimile of any adverse reaction, stating the full facts known to it, including but not limited to customer name, address, telephone number, batch, lot and serial numbers, as required by Applicable Laws. To the extent permitted by LAWApplicable Laws, COMPANY E-Z-EM shall keep NEKTAR AL informed of all "have full responsibility for monitoring such adverse drug experiences" as such term is defined in 21 CFR §312.32 reactions and 21 CFR §314.80, relating making any reports to the SELECTED REAGENT Competent Authorities, with a complete copy provided to Pharmacyclics at the same time the report is made to the Competent Authorities. Within thirty (30) days before the First Commercial Sale or any test or trial conducted on GADOLITE(R) by E-Z-EM or its designee, the SELECTED PRODUCTparties agree to agree upon and finalize the SOP, provided that such SOP shall be E-Z-EM's current SOP, modified only to the extent necessary to provide a mechanism for E-Z-EM to provide information to Pharmacyclics that such adverse drug experiences are required is necessary under Applicable Laws for Pharmacyclics to be reported provide to the FDA FDA. The parties agree to follow the SOP. In the event responsibilities exist with respect to compliance with Applicable Laws pursuant to 21 CFR §312.32(c) or 21 CFR §314.80. COMPANY also agrees this section which cannot be delegated to promptly provide to NEKTAR AL (i) a copy of all reports filed with the FDA under 21 CFR §312.32(c) and (d) and 21 CFR §314.80, (ii) notice of a decision E-Z-EM by the COMPANY to withdraw the IND for the SELECTED PRODUCT or a decision by the FDA to CONFIDENTIAL [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, * INDICATES THAT MATERIAL HAS BEEN OMITTED AND CONFIDENTIAL TREATMENT HAS BEEN REQUESTED THEREFOR. ALL SUCH OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. place a clinical hold on the SELECTED PRODUCT, and (iii) a copy of the annual report that COMPANY submits to the FDA under 21 CFR §312.33, excluding in each case CONFIDENTIAL INFORMATION that does not specifically relate to the safety of the SELECTED REAGENT. If it is not clear whether an adverse drug experience specifically relates to the SELECTED REAGENT, then COMPANY shall be obligated to notify NEKTAR AL hereunder if COMPANY suspects or has reason to suspect that such adverse drug experience relates to the SELECTED REAGENT. If NEKTAR AL is informed or becomes aware of any safety issues or concerns specifically relating to the safety of the SELECTED REAGENT, NEKTAR AL shall promptly notify COMPANY; NEKTAR AL shall also provide to COMPANY such other information specifically relating to safety of the SELECTED REAGENT as is reasonably necessary to comply with requirements of HAS of MAJOR MARKET COUNTRIES24b-2.

Appears in 2 contracts

Samples: License and Supply Agreement (Pharmacyclics Inc), License and Supply Agreement (Pharmacyclics Inc)

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