Commercial Matters. (i) This Agreement was undertaken in the ordinary course of business, not in contemplation of insolvency of the Bank, and with no intent to hinder, delay, or defraud the Bank or its creditors; (ii) this Agreement represents a bona fide and arm's length transaction; (iii) this Agreement was entered into in return for adequate consideration; and (iv) this Agreement was entered into before the first transfer of Receivables will be effected pursuant to this Agreement.
Commercial Matters. Subject to the provisions of Section 3.9, Sublicensee shall have sole responsibility for all activities and costs associated with marketing, advertising, promoting and selling the Products in the Sublicense Territory. Sublicensee shall use its commercially reasonable efforts to market and sell the Product in the Sublicense Territory, in order to maximize Net Sales. Without limiting Sublicensee’s commercially reasonable efforts obligation under this Section 7.4, Sublicensee shall (a) apply for all required authorizations, including pricing and reimbursement, from Regulatory Authorities in the Sublicense Territory as soon as reasonably and commercially practicable following completion of all appropriate clinical trials; and (b) make the first commercial sale of the Product in the Sublicense Territory as soon as reasonably and commercially practicable following the issuance of the marketing authorizations required for the manufacturing, distribution, marketing, sale and use of the Product in the Sublicense Territory and the completion of NHI (National Health Insurance) price listing.
Commercial Matters. (a) Rent
Commercial Matters. Deliver to XXXXX or its designee a list of the names and contact information for any person or entity to which PFIZER has directly shipped Licensed Products within the twelve (12)-month period prior to the effective date of termination; Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act.
Commercial Matters. Somaxon shall be solely responsible for conducting and paying for all commercialization matters relating to the Licensed Products, including any activities relating to sublicense of the Licensed Products, as well as the commercial development, marketing, promotion, manufacture, sale and distribution of the Licensed Products.
Commercial Matters. In connection with the sale and purchase of the Purchased Assets, Motorola and Buyer intend to enter into a Master Foundry Agreement. Notwithstanding the foregoing or any other provision of this Agreement, the parties acknowledge that the rights and obligations of Motorola, Seller, Buyer and Buyer-Sub with respect to any supplier or other commercial arrangement between the parties are contained exclusively in the Master Foundry Agreement.
Commercial Matters. RENFE and FirstMark shall notify each other as soon as possible of any imminent breach of the terms of the contract. Confidentiality of information is critical to both parties (RENFE and FirstMark). This is particularly applicable to information regarding customers. The contract must ensure that information relating to FirstMark customer connection and any other information which RENFE acquires as a result of this contractual relationship is not available to third parties outside RENFE, nor to other departments of RENFE which are unconnected with the subject matter of this contract nor, in particular, to any other customer of RENFE who will often be in direct competition with FirstMark. Furthermore, FirstMark undertakes to keep information relating to this contract in confidence. In particular, the financial aspects of the contract; network topology, capacity and locations; statistical data, standards and processes, and other information which FirstMark acquires as a result of this contractual relationship. It is good practice to review the performance of suppliers in relation to the terms and conditions of their contracts. In order to facilitate the review process, a standard format must be agreed for the contract performance review report and the review period must be agreed, which shall normally be annually. In the event of performance inferior to that indicated in the contract, FirstMark reserves the right to require more frequent reviews. All costs of RENFE arising as a result of compiling and providing review reports shall be for account of RENFE. RENFE undertakes to provide a review report on performance of the contract on a fixed date and in a particular format. The periods and format shall be agreed between the parties after signature of the contract. -------------------------------------------------------------------------------- ANNEX 4
Commercial Matters. (xxxi) Enter into, amend, modify or terminate (other than pursuant to the terms thereof) any contract or other agreement (i) that is not contemplated by an approved Business Plan and Annual Budget and (ii) the approval of which is not within the discretion of the President under the Policies;
Commercial Matters. (i) Following the Effective Date, Titan shall obtain its own NDC numbers for the Licensed Products. Titan shall use Commercially Reasonable Efforts to have in place as soon as reasonably practicable after the Effective Date all authorizations from Governmental Authorities necessary for Titan to use such NDC number for the Licensed Products. Thereafter, Titan shall use its new NDC numbers on all invoices, orders and other communications with customers and Governmental Authorities and shall have no further right to use Braeburn’s NDC or to sell Licensed Products bearing the Braeburn NDC.
Commercial Matters. An amount of R 5 000.00 (Five Thousand Rand) plus R 1 500.00 (One Thousand Five Hundred Rand) per hour for each additional consultation;
