Common use of Package Design Clause in Contracts

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.