JCT Responsibilities Sample Clauses
JCT Responsibilities a) proposing a Commercialization Plan for the Product to the CLs in alignment with MRK’s commercialization of the Drug prioritized by country, including setting the date for the commercial launch for the Product;
b) discussing ArcherDX’s activities supporting the marketing, promotion, distribution and sale of the Product (including the selection of trademarks for the Product), such as sales training, promotion, customer service, support and education activities;
c) proposing the Product distribution plan which is aligned to the quality objectives to the CL and aligning on lab and clinician communication;
d) discussing possible activities with respect to quality assessment plans and proposing Product quality standards to the CLs as well as reporting the failure of any lab customers to meet quality proficiency standards to the CLs;
e) discussing access and reimbursement issues related to the Product, including preparation of the pricing and reimbursement plan for the MRK Markets, reimbursement of Commercialization Costs under Section 11.11 and applying for reimbursement in MRK Markets, in which reimbursement is not currently available;
f) oversee the implementation of, and monitor the progress of, the Commercialization Plan for the Product, including the allocation of qualified personnel who have specific accountabilities as regards the plan objectives;
g) seek consensus in any decisions to be made by the JCT and submit any disagreement to the CLs (or DLs if the CLs have not been appointed) for resolution; and
h) perform such other functions requested by the CLs (or DLs if the CLs have not been appointed) consistent with and subject to the terms of this Agreement.
JCT Responsibilities. The responsibilities of the JCT shall include:
(i) reviewing, commenting on and advising the Parties on the initial Commercialization Plan;
(ii) reviewing, proposing to the Parties, and deciding, as necessary, (A) each annual update to the Commercialization Plan (with the goal of finalizing such annual update by [**] of each Calendar Year), and (B) any modifications to the Commercialization Plan, in each case excluding any budgets;
(iii) regularly assessing, and updating the Parties as necessary on, the progress of the Parties in their conduct of the Commercialization Plan against the timelines contained therein;
(iv) advising the Parties on general Commercialization strategy and issues of priority;
(v) coordinating the Parties’ efforts in the Commercialization of the Licensed Product(s) in the Field in the Territory, including regulatory matters;
(vi) coordinating with the JSC regarding Development matters as necessary or appropriate to Commercialization of the Licensed Product(s) in the United States;
(vii) performing such other activities as the Parties agree in writing shall be the responsibility of the JCT;
(viii) coordinate the Parties’ efforts with respect to the initiation and conduct of any Post-Approval Studies proposed to be conducted for Licensed Product(s) in the United States;
(ix) review, discuss and coordinate the scientific presentation and publication strategy relating to Licensed Product(s) in the Field in the Territory following First Commercial Sale; and [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
(x) attempting to resolve any and all disputes within the JCT’s purview relating to the Commercialization of the Licensed Product(s) by consensus pursuant to Section 2.5.
