Package Design Clause Samples

Package Design. Except as otherwise set forth in Section 2.5(D), CUMBERLAND, at its expense, shall design all labeling and exterior packaging to be used on the Product. CUMBERLAND shall provide such package designs to INALCO within thirty (30) days of the Effective Date. In the event of a change in the package design for the Product, CUMBERLAND shall notify INALCO of the package design at least one hundred fifty (150) days prior to its required use thereof. All labeling and packaging designs for the Product must be in compliance with the rules and regulations of all Competent Authorities. CUMBERLAND shall not implement any changes in labeling and packaging for the Product unless CUMBERLAND has INALCO’s prior written consent, not to be unreasonably withheld or delayed. INALCO and CUMBERLAND agree to work together to minimize cost increases related to packaging design changes.
Package Design. The design of the package of the Product for sale in the Territory will be decided by Elixir at its sole discretion. However, each Party shall furnish the other Party with copies of all Product packages and package inserts to be used for marketing of the Product by such Party or any of its * Confidential Treatment Requested Affiliates or any of their (direct or indirect) licensees or sublicensees for such other Party’s archive. Unless prohibited by Law in a country in the Territory, all packages and package inserts for Product sold by Elixir or another Commercializing Party shall properly and clearly indicate in such reasonable shape, size and colour so as to render the indication plainly discernible and as specified or approved by Kissei the words, “developed, manufactured and sold by Elixir [or another Commercializing Party] (or its designees) only in the Territory under license from Kissei Pharmaceutical Co., Ltd., Matsumoto, Japan”, or an equivalent wording in a relevant language in each country of the Territory in compliance with applicable Law.
Package Design. The design of the package of the Product for sale in the Field in the Territory will be decided by ISLT at its sole discretion. However, ISLT shall furnish BHV with copies of all Product packages, package inserts and monographs as well as major promotional materials such as brochures, pamphlets and the like to be used for marketing of the Product in the Field in the Territory for BHV’s archives. BHV may request and provide additional copies to Kissei. It is understood and agreed, however, that ISLT is not granting any rights to BHV (or to Kissei) to use the ISLT corporate trademarks or ISLT corporate trade dress, without ISLT’s prior consent. Unless prohibited by law, regulation, rule, regulatory agency policy or informal regulatory agency guidance in a country in the Territory, all of such packages, package inserts, monographs and promotional materials shall properly and clearly indicate in such reasonable shape, size and color so as to render the indication plainly discernible and as specified or approved by Kissei the words, “manufactured and sold by ISLT (or its designee) under license from Kissei Pharmaceutical Co., Ltd., Matsumoto, Japan”, or an equivalent wording in a relevant language in each country of the Territory. BHV shall use reasonable efforts to obtain such approval from Kissei within a commercially reasonable time so as not to delay the commercialization under Section 7.6.
Package Design. The design of the package of the Product for sale in the ObsEva Territory will be decided by ObsEva at its sole discretion. However, ObsEva shall furnish Kissei with copies of all Product packages, package inserts and monographs as well as major promotional materials such as brochures, pamphlets and the like to be used for marketing of the Product in the ObsEva Territory. It is understood and agreed, however, that Kissei shall not use the ObsEva corporate trademarks or ObsEva corporate trade dress, without ObsEva’s [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. prior written consent. Unless prohibited by law, regulation, rule, regulatory agency policy or informal regulatory agency guidance in a country in the ObsEva Territory, all of such packages, package inserts, monographs and promotional materials shall properly and clearly indicate in such reasonable shape, size and color so as to render the indication plainly discernible and as specified or approved by Kissei the words, “developed and sold by ObsEva (or its designee) under license from Kissei Pharmaceutical Co., Ltd., Matsumoto, Japan” or such equivalent wording, to the extent authorized by applicable law, to be agreed by the Parties in a relevant language in each country of the ObsEva Territory.
Package Design. The design of the package of the Product for sale in the MediciNova Territory will be decided by MediciNova at its sole discretion. However, MediciNova shall furnish Kissei with copies of all Product packages, package inserts and monographs as well as major promotional materials such as brochures, pamphlets and the like, to be used for marketing of the Product in the Major Countries for Kissei’s archive. Unless prohibited by law, regulation, rule, regulatory agency policy or informal regulatory agency guidance in a country in the MediciNova Territory, all of such packages, package inserts, monographs and promotional materials shall properly and clearly indicate in such reasonable shape, size and colour so as to render the indication plainly discernible and as specified or approved by Kissei the words, “developed, manufactured and sold by MediciNova (or its designee) under license from Kissei Pharmaceutical Co., Ltd., Matsumoto, Japan”, or an equivalent wording in the relevant language in each country of the MediciNova Territory.
Package Design. The design of the package of the Sublicensed Product for sale in the Territory will be decided by Sublicensee at its sole discretion. Sublicensee shall furnish Sublicensor with copies of all Sublicensed Product packages, package inserts and monographs as well as major promotional materials such as brochures, pamphlets and the like to be used for marketing of the Sublicensed Product in the Territory. Unless prohibited by law, regulation, rule, regulatory agency policy or informal regulatory agency guidance in the Territory, all of such packages, package inserts, monographs and promotional materials shall properly and clearly indicate in such reasonable shape, size and color so as to render the indication plainly discernible and as specified or approved by Sublicensor the words, "developed and sold by Sublicensee (or its designee) under sublicense from ObsEva, Switzerland" or such equivalent wording, to the extent authorized by applicable law, to be agreed by the Parties in a relevant language in the Territory.
Package Design. Sparta shall package the Products using the packaging design furnished by Sparta and the trademark designated by Rupari ("Rupari Trademark"). Rupari shall have the right to approve the final packaging design including the Rupari Trademark, which approval shall not be unreasonably withheld or delayed. Rupari shall be entirely responsible for the development and cost of the packaging design. If Rupari requests any changes to the packaging design or the type of packaging material used for the Products, Sparta shall not be required to ship Products utilizing such new design and/or packaging material until it is actually available to Sparta in quantities necessary to economically package the Product and the parties have agreed upon the adjustment, if any, to the purchase price of the Product due to such requested change in the packaging design and/or packaging material.
Package Design