Joint Commercialization. In the event that the Parties mutually agree to conduct any joint Commercialization activities regarding a Licensed Product following discussion of such activities by the JSC in accordance with Section 5.3.2(e), the Parties will (a) agree in writing to a written work plan and time table for conducing such activities, (b) agree in writing to management and governance mechanisms for such joint activities, including coordination of such activities through the JSC and (c) negotiate in good faith a budget therefor and an equitable allocation of costs between the Parties.
Joint Commercialization. If the parties jointly decide to proceed with the commercialization of Candidates into Joint Compounds and/or Products incorporating such Joint Compounds, or derivatives thereof, the parties intend to share profits and losses proportionally based on the contribution each party has agreed to make to the total costs of the Development Phase with respect to those Joint Compounds and/or Products. The parties shall negotiate in good faith a commercialization agreement which, in addition to the provisions described in Exhibit D, shall reflect among other matters each party's Interest, Third Party Obligations, reporting requirements, procedures for commercialization and which party is entitled to carry the lead in decision making with respect to product development.
Joint Commercialization. During a period of 6 months following completion of the Pilot Phase (the “Exclusivity Period”), if one Party intends, or becomes aware of an opportunity, to commercialize the THERMO-CVD Process Technology leveraging Improvements made under this JDA or leveraging JDA Intellectual Property, then: (a) that Party will promptly notify the other of its intention or the opportunity (as appropriate); and (b) the Parties will negotiate in good faith on an exclusive basis, for a period of up to 60 days following notification (“Exclusive Negotiation Period”), with a view to both Parties participating in the said commercialization (which negotiations could include the possible formation of a joint venture arrangement between the Parties); and (c) the relevant terms and conditions mutually agreed will be set out in a separate definitive agreement. In the event the Parties fail to reach agreement during any Exclusive Negotiation Period or the Exclusivity Period ends, the Parties shall not be bound to work together on the relevant commercialization.
Joint Commercialization. 8 3.1 Overview.............................................................. 8 3.2
Joint Commercialization. In the event that the Parties mutually agree to conduct any joint Commercialization activities regarding a Regional Licensed Product, the Parties will (a) agree in writing to a written work plan and time table for conducting such activities; (b) agree in writing to management and governance mechanisms for such joint activities, including coordination of such activities through the PJSC responsible for such Regional Licensed Product; and (c) negotiate in good faith a budget therefor and an equitable allocation of costs between the Parties. At either Party’s request, the Parties will start discussion regarding beneficial joint Commercialization activities [***] years prior to the anticipated First Commercial Sale of the Regional Licensed Product, with any agreement to be preferably finalized not less than [***] years prior to the anticipated First Commercial Sale of the Regional Licensed Product.
Joint Commercialization. If both Parties determine that they wish to jointly commercialize the Product in any country in the Joint Territory, then the Parties shall negotiate in good faith a collaboration agreement for the joint marketing and sale of the Product in the Joint Territory, including ownership of any import license (a “Collaboration Agreement”), consistent with the terms set forth in Sections 7.2, 7.4.1 and 7.4.2.
