Common use of Marketing Period Clause in Contracts

Marketing Period. 4.1 Subject to the granting of all necessary governmental approvals or concurrences to sell the Designated Products, Schwxxx Xxxrma hereby agrees, during the Marketing Period, to use its continuing best efforts to market, promote and sell the Designated Products throughout the United States following the U.S. Approval Date, and in Canada and/or Mexico, following the Approval Date, if any, for that nation(s). As the term is used in this Section 4, the exertion of Schwxxx Xxxrma's best efforts will mean that Schwxxx Xxxrma will devote to such marketing, promotion and sales of the Designated Products resources and priorities at least as substantial and high as any like-kind resources and priorities devoted by Schwxxx Xxxrma or any of its Affiliates to the marketing, promotion or sale of any other generic drug of substantially the same potential in the same nation of the Territory, measured in terms of sales and profitability potentials.

Appears in 4 contracts

Samples: Development and Supply Agreement (Penwest Pharmaceuticals Co), Heads of Agreement and Development Agreement (Penwest Pharmaceuticals Co), Development and Supply Agreement (Penwest Pharmaceuticals Co)

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