Common use of Failure to Commercialize or Obtain Marketing Authorizations Clause in Contracts

Failure to Commercialize or Obtain Marketing Authorizations. Micrus may terminate this Agreement at any time upon Distributor’s failure to use diligent efforts to move ahead with its obligations to market, sell and distribute Product under Section 5.1 or meet the Minimum Purchase Requirement and upon the continuation of such failure for more than ninety (90) days after delivery of written notice to Distributor of such failure, except where such failure of Distributor is a result of the failure of Micrus to meet its obligations as defined in this Agreement or due to circumstances beyond the reasonable control of Distributor pursuant to Section 11.7 hereof.

Failure to Commercialize or Obtain Marketing Authorizations. Micrus may terminate this Agreement at any time upon Distributor’s 's failure to use diligent efforts to move ahead with its obligations to market, sell and distribute Product Products under Section 5.1 or meet the Minimum Purchase Requirement and upon the continuation of such failure for more than ninety (90) days after delivery of written notice to Distributor of such failure, except where such failure of Distributor is a result of the failure of Micrus to meet its obligations as defined in this Agreement or due to circumstances beyond the reasonable control of Distributor pursuant to Section 11.7 hereof.