Common use of Marketing and Commercialization Clause in Contracts

Marketing and Commercialization. 3.1 KALAPA HOLDINGS is solely responsible for commercialization of the SR Capsules in the Territory and will bear all associated costs thereto, including without limitation, promotion, marketing, sales, regulatory expenses, all necessary lab equipment, raw materials and any required labor. 3.2 In all marketing and selling of the SR Capsules, KALAPA HOLDINGS shall refer to CANNABICS as the source of the CANNABICS Technology and shall place the proprietary trademarks and Logo of CANNABICS on every single package of SR capsules, in a manner to be agreed upon by the parties. In any event, upon termination of this Agreement or the requirement by CANNABICS, for any reason whatsoever, KALAPA HOLDINGS shall cease all display, advertising, and/or use of all Trademarks. 3.3 KALAPA HOLDINGS shall be responsible for addressing consumer complaints, in a manner that is satisfactory to CANNABICS during the Term. 3.4 KALAPA HOLDINGS undertakes throughout the term of this Agreement, to make its best efforts to market and sale the SR Capsules in the Territory and to invest resources and efforts to ensure that the SR Capsule penetrates the market and becomes a leading product. 3.5 KALAPA HOLDINGS shall solely be responsible to obtain all governmental licenses, permits and approvals necessary or desirable in connection with the exercise of the license rights granted under Section 2.1 CANNABICS shall not be under any responsibility to certify or get any approval, license or permit but shall reasonably cooperate with KALAPA HOLDINGS for the purpose of KALAPA HOLDINGS’s obtainment of the above. 3.6 KALAPA HOLDINGS shall keep CANNABICS promptly informed on a regular basis relating to (i) any problems encountered with the SR Capsules and the CANNABICS Technology (including any product recall), and any resolutions arrived at for those problems; and (ii) general information about its distribution of the SR Capsules. 3.7 KALAPA HOLDINGS shall be solely responsible and liable for any and all SR Capsules it manufactures under this Agreement including but not limited to the quality, safety and reliability of the SR Capsules. 3.8 Without derogating from any of its other representations or obligations in this Agreement, KALAPA HOLDINGS hereby warrants to CANNABICS that it - or its subsidiary - will legally distribute the SR Capsules in the Territory, and that it shall immediately notify CANNABICS regarding any lapse or breach (whether alleged or possible) or communication received from any authority regarding said licensure.

Appears in 1 contract

Sources: Ip License and Collaboration Agreement (Cannabics Pharmaceuticals Inc.)

Marketing and Commercialization. 3.1 KALAPA HOLDINGS is solely responsible for commercialization of the SR Capsules in the Territory and will bear all associated costs thereto, including without limitation, promotion, marketing, sales, regulatory expenses, all necessary lab equipment, raw materials and any required labor. 3.2 In all marketing and selling of the SR Capsules, KALAPA HOLDINGS shall refer to CANNABICS as the source of the CANNABICS Technology and shall place the proprietary trademarks and Logo of CANNABICS on every single package of SR capsules, in a manner to be agreed upon by the parties. In any event, upon termination of this Agreement or the requirement by CANNABICS, for any reason whatsoever, KALAPA HOLDINGS shall cease all display, advertising, and/or use of all Trademarks. 3.3 KALAPA HOLDINGS shall be responsible for addressing consumer complaints, in a manner that is satisfactory to CANNABICS during the Term. 3.4 KALAPA HOLDINGS 4.1 SAFFRON TECH undertakes throughout the term Term of this Agreement, to make its best efforts to market and sale the SR Capsules Product in the Territory and to invest resources and efforts to ensure that the SR Capsule Product penetrates the market and becomes a leading product. SAFFRON TECH hereby declares, warrants and undertakes that: (i) it has the capabilities necessary to perform its obligations under this Agreement; (ii) neither this Agreement nor any of its terms constitutes any conflict with any of its other obligations or agreements; and (iii) that during the Term of this Agreement, SAFFRON TECH, SEEDO and any third party controlling them or under their control, shall not engage to market products that compete with the Products without the prior written approval of GROWIN and that such approval shall be subject to SAFFRON TECH’s undertaking to devote sufficient time and effort to vigorously and diligently fulfill its duties and obligations pursuant to this Agreement. 3.5 KALAPA HOLDINGS 4.2 SAFFRON TECH is solely responsible for commercialization of the Product in the Territory and will bear all associated costs thereto, including without limitation promotion, marketing, sales, regulatory expenses, etc. SAFFRON TECH shall further be responsible for clearing the Products through customs or any other authority and for related activities, including but not limited to payment of duties, value added taxes or similar charges, if any, required for importation of the Products into each country in the Territory. 4.3 SAFFRON TECH shall solely be responsible to obtain all governmental licenses, permits and approvals necessary or desirable in connection with for the exercise marketing of the license rights granted under Section 2.1 CANNABICS Product in every country in the Territory. GROWIN shall not be under any responsibility to certify or get any approval, license or permit but shall reasonably cooperate with KALAPA HOLDINGS SAFFRON TECH for the purpose of KALAPA HOLDINGSSAFFRON TECH’s obtainment of the above. 3.6 KALAPA HOLDINGS 4.4 SAFFRON TECH undertakes to order and purchase the Product for its own use or for its customers or affiliates directly from GROWIN throughout the entire Term of this Agreement, under commercial terms set forth in Exhibit A or as will be agreed by the Parties upon completion of the Development Stage. SAFFRON TECH may not and hereby undertake not to manufacture the Product or similar products or systems, directly or through others through the entire Term of this Agreement and at any time after its termination. 4.5 GROWIN will be responsible and will perform the construction, infrastructure installation and setup of the Products at the growing sites of SAFFRON TECH and/or its customers. SAFFRON TECH will have its customers sign an operation and service agreement with GROWIN for the ongoing operation and maintenance of the Products (“Operation and Service Agreement”). 4.6 In all marketing and selling of the Product, SAFFRON TECH shall refer to GROWIN as the source of the GROWIN Technology and shall place the proprietary trademarks of GROWIN on every unit of Product, in a manner to be agreed upon by the parties, no later than 90 days before the Commencement Date. 4.7 SAFFRON TECH shall be responsible for addressing consumer complaints, in a manner that is satisfactory to GROWIN and shall keep CANNABICS GROWIN promptly informed on a regular basis relating to (i) any problems encountered with the SR Capsules Product and the CANNABICS Technology GROWIN Systems (including any product recall), and any resolutions arrived at for those problems; and (ii) general information about its distribution of the SR CapsulesProduct. 3.7 KALAPA HOLDINGS shall be solely responsible and liable for any and all SR Capsules it manufactures under this Agreement including but not limited to the quality, safety and reliability of the SR Capsules. 3.8 Without derogating from any of its other representations or obligations in this Agreement, KALAPA HOLDINGS hereby warrants to CANNABICS that it - or its subsidiary - will legally distribute the SR Capsules in the Territory, and that it shall immediately notify CANNABICS regarding any lapse or breach (whether alleged or possible) or communication received from any authority regarding said licensure.

Appears in 1 contract

Sources: License Agreement

Marketing and Commercialization. 3.1 KALAPA HOLDINGS BARAK is solely responsible for commercialization of the SR Capsules in the Territory and will bear all associated costs thereto, including without limitation, limitation promotion, marketing, sales, regulatory expenses, all necessary lab equipment, raw materials and any required labor. 3.2 In all marketing and selling of the SR Capsules, KALAPA HOLDINGS BARAK shall refer to CANNABICS Cannabics as the source of the CANNABICS Cannabics Technology and shall place the proprietary trademarks and Logo of CANNABICS Cannabics on every single package of SR capsulesCapsules, in a manner to be agreed upon by the parties. In any event, upon termination of this Agreement or the requirement by CANNABICSCannabics, for any reason whatsoever, KALAPA HOLDINGS BARAK shall cease all display, advertising, and/or use of all Trademarks. 3.3 KALAPA HOLDINGS BARAK shall be responsible for addressing consumer appeals and complaints, in a manner that is satisfactory to CANNABICS during the Term. 3.4 KALAPA HOLDINGS BARAK undertakes throughout the term of this Agreement, to make its best efforts to market and sale the SR Capsules in the Territory and to invest resources and efforts to ensure that the SR Capsule penetrates Capsules penetrate the market and becomes become a leading product. 3.5 KALAPA HOLDINGS BARAK shall solely be responsible to obtain all governmental licenses, permits and approvals necessary or desirable in connection with the exercise of the license rights granted under Section 2.1 CANNABICS 2.1. Cannabics shall not be under any responsibility to certify or get any approval, license or permit but shall reasonably cooperate with KALAPA HOLDINGS BARAK for the purpose of KALAPA HOLDINGS’s BARAK's obtainment of the aboveabove and will provide any required document and/or information accordingly to the Israeli Ministry of Health. 3.6 KALAPA HOLDINGS BARAK shall keep CANNABICS Cannabics promptly informed on a regular basis relating to (i) any problems encountered with the SR Capsules and the CANNABICS Cannabics Technology (including any product recall), and any resolutions arrived at for those problems; and (ii) general information about its distribution of the SR Capsules. 3.7 KALAPA HOLDINGS . BARAK shall be solely responsible and liable for any and all SR Capsules it manufactures under this Agreement including but not limited to the quality, safety and reliability of the SR Capsules. 3.8 Without derogating from any of its other representations or obligations in this Agreement, KALAPA HOLDINGS hereby warrants to CANNABICS that it - or its subsidiary - will legally distribute the SR Capsules in the Territory, and that it shall immediately notify CANNABICS regarding any lapse or breach (whether alleged or possible) or communication received from any authority regarding said licensure.

Appears in 1 contract

Sources: License Agreement (Cannabics Pharmaceuticals Inc.)