New territory. If, at any time during the Term, Licensor’s license with respect to any Expansion Territory expires and Licensor does not itself or through a subsidiary wholly owned and operated by Licensor or its ultimate parent company take over any retail or wholesale business in the Expansion Territory, Licensee shall have the exclusive option during the Term to import, sell, distribute and/or promote Licensed Products in the Expansion Territory, subject to the terms of this Section 2.3(b). Licensor shall provide Licensee notice of the foregoing (the “Expansion Notice”) and Licensee shall have sixty (60) days from its receipt of the Expansion Notice to present to Licensor a commercially reasonable business plan for the importation, sale, distribution and/or promotion of Licensed Products in the Expansion Territory (an “Expansion Business Plan”). Any such Expansion Business Plan shall include at least all of the information required to be set forth in the Business Plan pursuant to Section 5.2. If Licensee does not present such an Expansion Business Plan to Licensor sixty (60) days after receiving an Expansion Notice, Licensee’s rights with respect to such Expansion Territory shall lapse. If Licensee does submit an Expansion Business Plan, Licensor and Licensee shall negotiate in good faith the details of such plan to arrive at a mutually acceptable Expansion Business Plan, and shall promptly and in good faith incorporate the terms thereof into a written license with respect to such Expansion Territory, which may be in the form of either an amendment to this Agreement or a separate agreement in substantially the form of this Agreement, as reasonably determined by Licensor. Notwithstanding anything to the contrary contained herein, Licensee’s rights hereunder shall not apply to eyewear, watches, footwear, fragrance and personal care products, home furnishings or to any product category as to which Licensor grants rights to a third party as part of a multinational license.
New territory. The term "New Territory" is defined in Section 2.5(b).
New territory. Before launching the Licensed Products in any jurisdiction of the Territory not listed on Schedule 7.2 hereto (“New Territory”), Mundipharma will notify BioCryst of Mundipharma’s intention to launch the Licensed Products in such New Territory in sufficient time for BioCryst to make any and all necessary or appropriate filings for trademark or other protection in the New Territory. BioCryst will make such filings as BioCryst, in its sole discretion, deems appropriate. Mundipharma will fully cooperate with BioCryst as BioCryst may request in furtherance of BioCryst’s application, prosecution, registration, or maintenance of any such filings. If BioCryst notifies Mundipharma that BioCryst declines to file, maintain, or renew an application or registration in any New Territory (such notice to be given by BioCryst to Mundipharma within 30 days of receipt of Mundipharma’s notice), Mundipharma will be entitled to file, maintain, and/or renew such applications or registrations at Mundipharma’s expense, in its own name. Upon expiration or termination of this Agreement, the provisions of Section 11.3.5 shall apply to the assignment of Mundipharma’s right, title and interest in and to such Trademarks to BioCryst.
New territory. The Company and the Customer agree to add the New Territoy to the Annex II of the Supply Agreement. Notwithstanding the above, the products to be distributed in the New Territory will be the ones described on Annex I to this Addendum and those expressly agreed in writing by the Parties, which includes the pricing agreed between the Parties (the “New Territory’s Products”). The Customer shall order the New Territory’s Products from its subsidiary company Osteon Medical, existing under the laws of Australia, with its principal place of business located at 000-000 Xxxxxxxxxx Xx Xxxxxxxx XXX 0000, Xxxxxxxxx (the “New Territory Subsidiary”) by submitting a purchase order indicating the desired quantity and the location of the New Territory, Annex II to this Addendum (Affiliates & Distribution Partners). The Customer is obliged to order the minimum quantities of one hundred units referred in the Annex I. Any order issued by the Customer, or any of its subsidiaries, that is not the New Territory Subsidary, and that pretend to be delivered on the New Territory, shall not be binding for the Company. Corporate identities defined in Annex II. The New Territory’s Products will be delivered in no later than two (2) weeks after the New Territory Subsidiary delivers the order to the Company, following the day of the acceptance of the order of the New Territory’s Products in standard conditions. Under special conditions, depending on the volume of the order and the difficulties that may arise, the delivery time could be up to eight (8) weeks.
