Distribution and Sale of Product Sample Clauses

Distribution and Sale of Product. Except to the extent that Impax distributes Samples of the Product to Neurologists in accordance with this Agreement, Wyeth shall have the sole right and responsibility to arrange for all distribution of the Product in the Territory, to effect and account for all sales of the Product in the Territory, and to establish and modify the terms and conditions with respect to the sale of the Product in the Territory, including any terms and conditions relating to or affecting the price at which the Product will be sold, any discount attributable to payments on receivables, distribution of the Product, credit to be granted or refused and the like.
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Distribution and Sale of Product. The Lead Commercialization Party (or its designated local Affiliate) shall be responsible for the distribution and sale of the Products and for invoicing and booking sales in each Co-Commercialization Country for which it is responsible. Idenix shall be the Lead Commercialization Party in the U.S. Territory and Novartis shall be the Lead Commercialization Party in all other Co-Commercialization Countries. Product pricing in the Co-Commercialization Countries, including, without limitation, the timing of pricing changes, requests for reimbursement and the offering of any discounts or rebates, shall be established in accordance with the then-current approved Country Co-Commercialization Plan, and Joint Steering Committee-approved pricing guidelines. In those Co-Commercialization Countries where a Pricing Approval is required, the Lead Commercialization Party will be solely responsible for negotiating such approvals, or any adjustments thereto, with the relevant Regulatory Authority in accordance with the Joint Steering Committee-approved Country Co-Commercialization Plan and pricing strategies and guidelines. The Lead Commercialization Party shall promptly provide the other Party with copies of all correspondence with Regulatory Authorities with respect to such Pricing Approvals, and such other Party shall be notified of and (except as precluded by applicable Law) be entitled to attend all such negotiations. In the U.S. Territory, the Lead Commercialization Party shall be responsible for negotiating pricing and contracts for the sale of Product with managed care companies and Regulatory Authorities in accordance with the Joint Steering Committee-approved Country Co-Commercialization Plan and pricing strategies and guidelines. The Lead Commercialization Party will give due consideration to the other Party's comments on any Pricing Approval negotiations, and/or managed care and government pricing and contracts for the Product, and may delegate certain responsibilities to the other Party so as to take advantage of the respective strengths and expertise of the Parties.
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Distribution and Sale of Product. Seller shall not be responsible in any manner whatsoever for the proper storage (after delivery to Purchaser), distribution or sale of the Product by Purchaser. Purchaser agrees that all such distribution, marketing and sales activities shall be done in accordance with all applicable laws, rules and regulations. EXCEPT FOR SELLER’S LIMITED REPRESENTATIONS SET FORTH IN THIS SECTION 15 (AND SUBJECT TO SELLER’S LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION 15), AND SUBJECT TO ANY SELLER INDEMNIFICATION OBLIGATION UNDER SECTION 16, PURCHASER SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, COSTS, CHARGES, JUDGMENTS AND EXPENSES WHICH ARISE FROM OR RELATE TO PURCHASER’S MARKETING, DISTRIBUTION AND SALE OF THE PRODUCTS BEING SUPPLIED HEREUNDER.
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Distribution and Sale of Product. Purepac shall be responsible for the sales and marketing of the Commercial Products, including design of labeling and packaging and promotional material. Purepac or its Affiliates shall use reasonable commercial efforts to market, distribute and sell the Commercial Product in the Territory, In the event that Purepac in good faith determines that the manufacture and sale of any individual Commercial Product is no longer economically viable, Purepac shall have the right to discontinue the sale of such Commercial Product.
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Distribution and Sale of Product. FOREST shall be responsible for the distribution and sale of Product in the Territory. Product pricing in the Territory, including, without limitation, the timing of pricing changes, requests for reimbursement and the offering of any discounts or rebates, shall be prepared by FOREST in a manner consistent with the then current approved Marketing Plan. FOREST shall be solely responsible for negotiating any Price Approval required in the Territory, if any, or any adjustments thereto, with the relevant local Governmental Authority consistent with the approved Marketing Plan and pricing strategies and guidelines approved by the Joint Marketing Committee. FOREST shall promptly provide ALMIRALL with copies of all correspondence with Governmental Authorities with respect to such Price Approvals, and ALMIRALL shall be notified of and (except when precluded by Laws) be entitled to attend all such negotiations. Additionally, FOREST shall be responsible for negotiating pricing and contracts for the sale of Product with managed care companies and Governmental Authorities consistent with the approved Marketing Plan and pricing strategies and guidelines discussed by the Parties. FOREST shall give due consideration to ALMIRALL's comments on any such strategies and guidelines.
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Distribution and Sale of Product. 4.1 Purepac shall use reasonable efforts, at its expense, to promote, distribute and sell the Product in and throughout the Territory in order to obtain the optimum market potential for the Product within and throughout the Territory.
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Distribution and Sale of Product. 5.6 Field Forces.
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Distribution and Sale of Product 
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Related to Distribution and Sale of Product

  • Purchase and Sale of Products Xxxx agrees to purchase and receive from the Company, and the Company agrees to sell and deliver to Xxxx, the entire Products output of the Refinery from and including the Commencement Date through the end of the Term of this Agreement, at the prices determined pursuant to this Agreement and otherwise in accordance with the terms and conditions of this Agreement.

  • Sale of Products 11.1. All Products sold to the Customer shall remain the property of Proximus until they have been paid for in full, including all charges and taxes. In case of a deterioration of the Product, the unpaid part of the sales price shall become due immediately. For as long as the Customer has not paid the Product's sales price in full, the provisions relating to product rental shall apply.

  • Purchase and Sale of Property Subject to and in accordance with the ----------------------------- terms and provisions of this Agreement, Seller hereby agrees to sell to Purchaser and Purchaser hereby agrees to purchase from Seller, the Property, which term "Property" shall mean and include the following:

  • Authorization and Sale of the Shares Subject to the terms and conditions of this Agreement, the Company has authorized the sale of the Shares.

  • Marketing of Production Except for contracts listed and in effect on the date hereof on Schedule 7.19, and thereafter either disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property’s delivery capacity), no material agreements exist which are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower’s or its Subsidiaries’ Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof.

  • Purchase and Sale of Assets (a) Upon and subject to the terms and conditions of this Agreement, the Buyer shall purchase from the Seller, and the Seller shall sell, transfer, convey, assign and deliver to the Buyer, at the Closing, for the consideration specified below in this Article I, all right, title and interest in, to and under the Acquired Assets.

  • Merger and Sale of Assets If at any time there shall be a capital reorganization of the shares of the Company's stock (other than a combination, reclassification, exchange or subdivision of shares otherwise provided for herein), or a merger or consolidation of the Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the Company's properties and assets to any other person (hereinafter referred to as a "Merger Event"), then, as a part of such Merger Event, lawful provision shall be made so that the Warrantholder shall thereafter be entitled to receive, upon exercise of the Warrant, the number of shares of preferred stock or other securities of the successor corporation resulting from such Merger Event, equivalent in value to that which would have been issuable if Warrantholder had exercised this Warrant immediately prior to the Merger Event. In any such case, appropriate adjustment (as determined in good faith by the Company's Board of Directors) shall be made in the application of the provisions of this Warrant Agreement with respect to the rights and interest of the Warrantholder after the Merger Event to the end that the provisions of this Warrant Agreement (including adjustments of the Exercise Price and number of shares of Preferred Stock purchasable) shall be applicable to the greatest extent possible.

  • Merger, Consolidation and Sale of Assets Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

  • Merger, Consolidation and Sale of Assets Not Liquidation For purposes of this Section 4, the merger or consolidation of the Issuer with any other corporation or other entity, including a merger or consolidation in which the holders of Designated Preferred Stock receive cash, securities or other property for their shares, or the sale, lease or exchange (for cash, securities or other property) of all or substantially all of the assets of the Issuer, shall not constitute a liquidation, dissolution or winding up of the Issuer.

  • Registration and Sale of Additional Shares The Fund will from time to time use its best efforts to register under the 1933 Act such number of Shares not already so registered as you may reasonably be expected to sell on behalf of the Fund. You and the Fund will cooperate in taking such action as may be necessary from time to time to comply with requirements applicable to the sale of Shares by you or the Fund in any states mutually agreeable to you and the Fund, and to maintain such compliance. This Agreement relates to the issue and sale of Shares that are duly authorized and registered under the 1933 Act and available for sale by the Fund, including redeemed or repurchased Shares if and to the extent that they may be legally sold and if, but only if, the Fund sees fit to sell them.

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