Common use of Product Commercialization Clause in Contracts

Product Commercialization. 3.4.1 EVL shall exercise its Commercially Reasonably Efforts to Commercialize the Product. Subject to complying with its obligations under the preceding sentence, EVL shall have the sole and exclusive right to make determinations regarding the Commercialization of the Product in the Territory, including the timing of the Commercial Launch and responsibility for all sales/marketing and promotional activities. 3.4.2 Upon the Commercial Launch, EVL (or its Affiliate) will market and sell the Product, from the EVL Facility or such other facility as EVL may elect in its sole discretion, under EVL’s (or its Affiliate’s) label in a manner consistent with EVL’s normal practices with respect to its other Drug Products.