Common use of FDA Clearance Clause in Contracts

FDA Clearance. Subject to the terms and conditions contained in this Agreement, MATRITECH agrees to exert commercially reasonable efforts to seek, as soon as practicable, diagnosis clearance from the FDA for the Product in the Territory. Diagnosis clearance shall mean approval by the FDA to use the Product for the diagnosis of bladder cancer on patients other than those with reoccurring bladder cancer. MATRITECH shall promptly notify CYTOGEN in writing in the event MATRITECH does not obtain diagnosis clearance from the FDA.