Development and Commercialization of Products. Notwithstanding anything to the contrary contained herein, the parties hereto hereby acknowledge and agree, and each Noteholder and Beneficial Holder by its acceptance of its interest in the Notes is hereby deemed to acknowledge and agree, that neither the Transferor nor the Issuer shall have any obligation or liability with respect to the allocations of resources, scope, intensity and duration of efforts or decisions and judgments made in connection with development and commercialization (including acts or omissions that result in or increase the likelihood of, greater or lesser commercial success): (i) with respect to, or as among, any Products or (ii) as among any one or more Products, on the one hand, and any Excluded Products, other products or therapeutically active components, on the other hand.
Development and Commercialization of Products. Subject to the terms and conditions of this Agreement (including, without limitation, Section 5.2), Myriad shall control the worldwide development and commercialization of Products, including, but not limited to, the worldwide supply of Products for use in development and commercialization activities.
Development and Commercialization of Products. Notwithstanding anything herein to the contrary, as between the Parties from and after the Closing, MSB shall have the sole right to control and conduct the development, manufacture and commercialization of the Products as it deems appropriate in its sole discretion and there are no express or implied obligations with respect thereto.
Development and Commercialization of Products. Licensee shall have sole control over, and responsibility for, the research, development (including but not limited to, pre-clinical and clinical activities and the preparation and submission of all required regulatory filings), and commercialization of any Licensee Products, and shall bear all expenses related thereto. For clarity, Company shall have sole control over, and responsibility for, the research, development (including but not limited to, pre-clinical and clinical activities and the preparation and submission of all required regulatory filings), and commercialization of any Company Products, and shall bear all expenses related thereto.
Development and Commercialization of Products. 4.1 Development of Active Compounds or Analogs. ANADYS shall be solely responsible and shall have sole discretion for evaluating the potential for development and commercialization of all Active Compounds or Analogs. In addition, ANADYS has the right to sublicense Active Compounds. ANADYS, its Affiliates or sublicensee, or its subcontractor shall be responsible for conducting all development and evaluations of any Active Compound or Analog and for filing and obtaining government approval of any such Product(s).
Development and Commercialization of Products. Intrinsic will be responsible for leading all Development and Commercialization strategy and activities related to the use of the MO Therapeutic Products, including all costs associated with these activities, being the named sponsor for all regulatory submissions, and any business decisions related to advancing the MO Therapeutic Products to the market
Development and Commercialization of Products. Subject to the terms and conditions of this Agreement, and except as expressly set forth in the Development Plan, Roche shall control and be solely responsible for the worldwide development and commercialization of Products at its sole cost and expense. Roche shall own all data generated in the development and/or commercialization of Products, but shall promptly and fully disclose to Emisphere in writing all preclinical and clinical data generated by or on behalf of Roche, its Affiliates or their respective sublicensees with respect to a Program Carrier (other than any such data that relates to the use of a Program Carrier in combination with a ***). Emisphere shall be free to use all such data disclosed to it by Roche for any purpose (including, without limitation, in support of patent filings) other than the development, manufacture or commercialization of Products. Without limiting the generality of the foregoing, Emisphere shall be free to use such data for the purpose of researching, developing, manufacturing or commercializing Program Carriers pursuant to Article 8 hereof and/or for use in combination with any compound other than a ***. To the extent feasible, Roche shall design and conduct all toxicology studies involving Products (or cause such toxicology studies to be designed and conducted) in a manner that enables Emisphere to receive all Program Carrier-related results of such studies in one or more written reports that are separate from and independent of any such reports regarding *** or Products, and Roche shall have no obligation to disclose to Emisphere any such ***or Product-related report(s); provided, however, that Emisphere shall be permitted to review such Product-related reports to utilize data therein if required for a Regulatory Authority. In designing any toxicology studies of Program Carrier alone, Roche shall, prior to initiation, first consult Emisphere and take into due consideration any comments and advice provided by Emisphere regarding the design of such studies.
Development and Commercialization of Products. Del Mar shall have sole discretion and responsibility, at its cost, for the performance and management of all activities associated with the development, manufacture and commercialization of Products by Del Mar, its Affiliates and Third Party licensees. Del Mar shall use Diligent Efforts to develop, manufacture and commercialize Products under this Agreement.
Development and Commercialization of Products. Subject to any early termination hereof prior to Transfer Date by either Party under Clause 10 hereof, Avedro shall have sole control, authority, and discretion over, and shall have the sole right to conduct, the research, development and commercialization of Products utilizing the Technology throughout the world.
Development and Commercialization of Products. Subsequent to Option exercise pursuant to Article 4, the Parties intend that the development and commercialization of each Product will be conducted by the Commercializing Party. Lilly, as between the Parties, shall have the sole right to Exploit Lilly Compounds and Lilly Products. NextCure, as between the Parties, shall have the sole right to Exploit NextCure Compounds and NextCure Products.
