Common use of Market Study Clause in Contracts

Market Study. If a Licensee provides a marketing study for a particular geographic region and/or industry segment for which such Licensee has exclusive rights under Section 2.1 (Target Market) which demonstrates that the construction and operation of Plants or Licensee Plants is not economically marketable in the Target Market because of the pricing structure set forth in this Agreement and/or the form(s) of License Agreement attached as Exhibit C, the parties agree to discuss in good faith changes, whether fixed or temporary, to such pricing structure such that such Plants or Licensee Plants would be economically marketable with respect to the Target Market. Likewise, in the event that such pricing structure has been revised as a result of such discussions, in the event that Licensor provides a marketing study with respect to the Target Market which demonstrates that the construction and operation of Plants or Licensee Plants is economically marketable under the original pricing structure hereunder, then the parties agree to discuss in good faith reverting the pricing structure to its original state.

Appears in 2 contracts

Sources: Joint Development and Technology Transfer Agreement (Diversa Corp), Joint Development and Technology Transfer Agreement (Diversa Corp)