LICENSEE PERFORMANCE. 6.1 COMPANY shall expend reasonable efforts and resources to carry out the development and marketing plan submitted with COMPANY’s application for a license and to bring the Licensed Patent to the point of practical application as defined in Title 37 of the Code of Federal Regulations, Section 404.3(d). COMPANY shall offer Licensed Products for sale within (#) year(s) of the Effective Date of this Agreement unless this period is extended by mutual agreement of the parties. USDA shall not unreasonably withhold approval of any request by COMPANY to extend this period if such request is supported by evidence of reasonable efforts by COMPANY to bring the Licensed Patent to practical application, including any reasonable and diligent application for regulatory approvals required by any U.S. Government agency.
LICENSEE PERFORMANCE. 6.1 SEED COMPANY, or its sublicensees or agents, shall expend reasonable efforts and resources to protect, propagate and market the Licensed Variety for the purpose of offering Licensed Products for sale. SEED COMPANY shall offer Licensed Products for sale in the United States within (#) years of the Effective Date, (and SEED COMPANY shall offer Licensed Products for sale in Licensed Territory Two within (#) years of the Effective Date) unless this (these) period(s) is (are) extended by mutual agreement of the parties.
LICENSEE PERFORMANCE. 6.1 NURSERY, or its sublicensees or agents, shall expend reasonable efforts and resources to protect, propagate and market the Licensed Variety for the purpose of offering Licensed Products for sale. NURSERY shall offer Licensed Products for sale in the United States within (#) years of the Effective Date, and NURSERY shall offer Licensed Products for sale in Licensed Territory Two within (#) years of the Effective Date unless these periods are extended by mutual agreement of the parties.
LICENSEE PERFORMANCE. 6.1 COMPANY shall offer Licensed Products for sale within (#) year(s) of the Effective Date of this Agreement unless this period is extended by mutual agreement of the parties.
LICENSEE PERFORMANCE. 6.1 HEPALIFE shall expend reasonable efforts and resources to carry out the development and marketing plan submitted with HEPALIFE’s application for a license and to bring the Licensed Patents to the point of practical application as defined in Title 37 of the Code of Federal Regulations, Section 404.3(d). HEPALIFE shall submit appropriate applications for regulatory approval for the Licensed Products to the Food and Drug Administration (“FDA”) within five (5) years of the Effective Date of the Agreement and HEPALIFE shall offer Licensed Products for sale in the U.S. within one (1) year of receiving regulatory approval from FDA, unless this period is extended by mutual agreement of the parties. USDA shall not unreasonably withhold approval of any request by HEPALIFE to extend this period if such request is supported by evidence of reasonable efforts by HEPALIFE to bring the Licensed Patents to practical application, including any reasonable and diligent application for regulatory approvals required by any U.S. Government agency.
LICENSEE PERFORMANCE. 7.1 Throughout the term Licensee shall perform and shall cause its Affiliates and Sublicensees at all times to perform all of their respective duties and obligations as required hereunder and under the Development Plan and Licensee shall expend and shall cause its Affiliates and Sublicensees where and to the extent appropriate to expend reasonable efforts and resources to carry out the development and marketing of the inventions, described and claimed in the Licensed Patent Technology.
LICENSEE PERFORMANCE. 7.1 LICENSEE shall expend reasonable efforts and resources to carry out the development and marketing of the INVENTION and to bring the products, methods and processes described and claimed in the LICENSED PATENT APPLICATION to the POINT OF PRACTICAL APPLICATION for said purposes.
LICENSEE PERFORMANCE. 10.1 A Commercial Evaluation Plan for this Agreement is provided in Appendix E. Based on this Commercial Evaluation Plan, performance Benchmarks are determined as specified in Appendix D.
LICENSEE PERFORMANCE. The failure of the LICENSOR to insist in any one or more instances upon strict performance of any of the terms, covenants or conditions of this License shall not be construed as a waiver or relinquishment of the LICENSOR's right to the future performance of any such terms, covenants, or conditions and the LICENSEE's obligations with respect to such future performance shall continue in full force and effect.
LICENSEE PERFORMANCE. 7.1 LICENSEE shall use its best efforts to bring the Licensed Products and Licensed Processes to Practical Application. "Best efforts" for the purposes of this Article shall include adherence to the Commercial Development Plan and achievement of the Benchmarks. The efforts of a SUBLICENSEE shall be considered the efforts of LICENSEE.
