Commercialization Committee. The Parties shall establish a Commercialization Committee which shall be responsible for monitoring progress, managing information exchange between the Parties, deciding key strategies and solving problems with respect to commercialization and promotion of Actimmune for the CGD market. At the first meeting of the Commercialization Committee, the members shall establish a regular meeting time and structure, and appoint a secretary whose responsibility it will be to coordinate the timing, notice, and agendas for Commercialization Committee meetings.
Commercialization Committee. 7.1.1 The Commercialization Committee shall comprise one (1) representative of EyePoint and one (1) representative of Imprimis, each with appropriate decision making authority on behalf of such Party. Each Party shall appoint its representative to the Commercialization Committee prior to the first meeting thereof, and may substitute its representative from time to time, in its sole discretion, effective upon written notice to the other Party of such change, but shall use commercially reasonable efforts to maintain stability of Commercialization Committee representation.
Commercialization Committee. Within thirty (30) days after the Effective Date, the Parties shall establish a Commercialization Committee (the “Commercialization Committee”) with responsibility for (i) reviewing and approving medical claims and marketing materials to be used by any Parties in connection with the Product to ensure that the claims made by a Party do not diminish the value of the Product to the other Party and (ii) coordinating the activities of the Parties related to the Commercialization. Each Party shall appoint two (2) designees to the Commercialization Committee, each of whom shall have expertise and experience in the areas of marketing, promotion, advertising and sales. Either Party may replace any or all of its designees on the Commercialization Committee at any time upon written notice to the other Party, and any member of the Commercialization Committee may designate a suitable proxy to perform the functions of that member at any time. The Commercialization Committee shall meet at least once every six (6) months, and more frequently upon the mutual agreement of the Parties if necessary to resolve disputes, disagreements or deadlocks. The Commercialization Committee shall seek to act with the unanimous consent of its members. In the event that all of the Commercialization Committee members do not reach consensus with respect to a matter that is within the purview of the Commercialization Committee, the Commercialization Committee designees of each Parties shall collectively have one (1) vote for purposes of decision-making hereunder with respect to such matters, with decisions made by unanimous vote of both Parties. If the votes of the Commercialization Committee are split on any matter, such matter shall be referred to the Steering Committee for decision.
Commercialization Committee. (a) The Parties hereby establish a committee, separate from the Development Committee, which shall provide a forum for open communication between the Parties regarding Product Commercialization activities in the Field, and which shall be responsible for such matters related to Commercialization of the Products in the Field in the Territory as may be described below. The Commercialization Committee shall consist of such even number as shall be agreed by the Parties, fifty percent (50%) of whom shall be Par designees and fifty percent (50%) of whom shall be Alfacell designees (the “Commercialization Committee”). Each Party shall have the right at any time and from time to time to designate a replacement, on a permanent or temporary basis, for any or all of its previously-designated members of the Commercialization Committee. At the beginning of each calendar year during the Term, each Party shall appoint one of its designees to serve as a Co-Chair of the Commercialization Committee. The initial Commercialization Committee shall consist of six (6) members (including the Co-Chairs of such Committee), who shall be designated by each Party within ten (10) business days after the Effective Date. For the sake of clarity, an individual may serve on both the Development Committee and the Commercialization Committee. The Commercialization Committee shall meet at least once per calendar quarter, and more frequently as mutually agreed by the Parties, on such dates, and at such places and times, as the Parties shall agree. CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH SECURITIES AND EXCHANGE COMMISSION ASTERISKS DENOTE SUCH OMISSION
Commercialization Committee. Within thirty (30) days after a request by either Party to undertake the commercialization of Joint Technology, the Parties shall establish a Commercialization Committee having a total of four (4) members. Gemini and Celera each shall select and have the right to replace up to two (2) representatives to serve as members of the Commercialization Committee, each of whom shall have senior management responsibilities for the Party appointing such member. Either Party may designate a substitute for a committee member to participate in the event one of the Party's regular committee members is unable to be present at a meeting. The Commercialization Committee shall operate by consensus and shall seek to make decisions on the basis of consensus after a discussion of the matters as to which decisions are being made. In the event the Commercialization Committee is unable to agree upon a particular matter, then such matter shall be submitted for resolution to an executive officer of each Party for resolution by good faith discussion. If such matter is not resolved by such officers within thirty (30) days of submission, and the matter relates directly to the commercialization of a particular item of Joint Technology, then the matter will be submitted to an independent expert in the pharmaceutical (or other appropriate related) industry acting as an expert and not as an arbitrator, the identity of whom shall be agreed upon by the Commercialization Committee (or failing such agreement, by the independent experts, where one such expert is identified and nominated by each of the Parties in their respective discretion) who shall resolve the matter by determining objectively what is the best means of commercializing the applicable Joint Technology on a stand alone basis disregarding the individual subjective needs or preferences of the Parties. In the absence of manifest error, such determination shall be conclusive.
Commercialization Committee. Upon successful completion of the last U.S. clinical trial required for BLA filing (as determined pursuant to SECTION 4.1.2), or upon such earlier date as the Parties may agree, the Parties shall establish a Commercialization Committee which shall be responsible for providing overall direction, monitoring progress, managing information exchange between the Parties, deciding key strategies and solving problems with respect to commercialization and promotion of the Product in the U.S. and the Territory. At the first meeting of the Commercialization Committee, the members shall establish a regular meeting time and structure, and appoint a secretary whose responsibility it will be to coordinate the timing, notice, and agendas for Commercialization Committee meetings.
Commercialization Committee. Following the execution of this Agreement, TM and Luminex will establish a commercialization committee (the “Committee”) in accordance with the following guidelines:
Commercialization Committee. If the Joint Technology from any Association Discovery has not been commercialized within two years of the Association Discovery Notice, the Party that is not the Commercializing Party may request that further commercialization efforts be the responsibility of a joint Commercialization Committee. Within thirty (30) days after such request, the Parties shall establish a Commercialization Committee having a total of four (4) members. Gemini and CuraGen each shall select and have the right to replace up to two (2) representatives to serve as members of the Commercialization Committee, each of whom shall have senior management responsibilities for the Party appointing such member. Either Party may designate a substitute for a committee member to participate in the event one of that Party's regular committee members is unable to be present at a meeting. The Commercialization Committee shall operate by consensus and shall seek to make decisions on the basis of consensus after a discussion of the matters as to which decisions are being made. In the event the Commercialization Committee is unable to agree upon a particular matter, then such matter shall be submitted for resolution to an executive officer of each Party for resolution by good faith discussion. If such matter is not resolved by such officers within thirty (30) days of submission, and the matter relates directly to the commercialization of a particular item of Joint Technology, then the matter will be submitted to an independent expert in the pharmaceutical (or other appropriate related) industry acting as an expert and not as an arbitrator, the identity of whom shall be agreed upon by the Commercialization Committee (or failing such agreement, by the independent experts, where one such expert is identified and nominated by each of the Parties in their respective discretion) who shall resolve the matter by determining objectively what is the best means of commercializing the applicable Joint Technology on a stand alone basis disregarding the individual subjective needs or preferences of the Parties. In the absence of manifest error, such determination shall be conclusive. Such matters are not subject to dispute resolution through arbitration or litigation under Article 11.
Commercialization Committee. Metra and Berlex shall form a Commercialization Committee which shall meet to oversee the promotion of the Metra Products by Berlex and to review the overall success of the relationship. During the first three (3) years following the Effective Date, the Commercialization Committee shall meet at least quarterly and thereafter shall meet as agreed to by Metra and Berlex. Notwithstanding the preceding sentence, the parties currently contemplate that during the initial training phase, the Commercialization Committee may meet monthly. Whenever possible, meetings will be scheduled in conjunction with trade shows attended by both parties. The Commercialization Committee will be composed [X] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE COMMISSION.
Commercialization Committee. The Parties hereby agree to establish the Commercialization Committee (“CC”) upon the completion of Phase IIB Clinical Studies (or any other Clinical Trial that immediately proceeds a Phase III Clinical Study) for the first Product.
