Common use of establish Clause in Contracts

establish. develop and monitor individual and area performance measures for all field sales activities; (x) consult with Kos on pricing and discount strategies; (xi) establish and monitor Product sampling practices; (xii) forecast annual and quarterly prescriptions and sales and set appropriate production requirements for sales and samples; (xiii) establish requirements for and regularly review prescription tracking, call reporting, and other secondary market data; (xiv) develop and review all marketing and promotional material such as Product Detail aids, advertising, promotional give-aways, speaker kits, and direct mail; (xv) establish as appropriate supplementary non-personnel promotional programs such as compliance, telemarketing and internet activities; (xvi) develop and direct professional/medical education programs including seminars, symposia, participation at professional and medical conferences, and conventions, physician advocacy programs, and event marketing programs; (xvii) plan and coordinate all Product public relations activities; (xviii) plan and implement appropriate training programs; (xix) plan and implement primary market research activities; (xx) develop trademarks and packaging materials; and (xxi) determine cost budgets for all activities and monitor actual performance. Notwithstanding clauses (x) and (xiv) above, Kos shall bear final responsibility for determining pricing for the Product and for ensuring that Product promotional materials comply with the Federal Food, Drug and Cosmetic Act and all other applicable laws and regulations, and for all costs associated with such compliance. Kos has previously provided DuPont a copy of its standard operating procedure for medical/regulatory/legal review of promotional materials.