Product Launch Sample Clauses
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Product Launch. WCH shall not be required to Launch Products in any country unless it determines, in its sole discretion, to do so. If WCH does not, subject to supply by IMPAX of launch quantities of such Product pursuant to the forecasts set forth in Section 4.2, use Commercially Reasonable Efforts to Launch a Product in the OTC Field (i) in the United States within three (3) months, or (ii) in the another country in the Territory within five (5) months, following such Product having FTO Status for the OTC Field in such country, then IMPAX, at its option and as its sole and exclusive remedy, may, upon written notice to WCH, convert the licenses granted hereunder in such country for such Product under the IMPAX Patents and Technical Information to non-exclusive licenses (and thereby remove the restrictions placed on IMPAX in Section 2.3 for such Product in such country) unless within thirty (30) days after such written notice WCH Launches Product in the OTC Field in such country. Following the Launch of a Product in any country of the Territory, WCH shall use Commercially Reasonable Efforts to market such Product in such country; provided that nothing shall require WCH to continue marketing a Product in a country if WCH determines, in its sole judgment, that such Product may be subject to a regulatory or other legal action or infringe any intellectual property right of any Third Party in such country. WCH shall promptly notify IMPAX in writing of such discontinuance. If within thirty (30) days after receipt of IMPAX’s written request, WCH does not resume marketing such Product in such country, then IMPAX, at its option and as its sole and exclusive remedy, may, upon written notice to WCH, convert the licenses granted hereunder in such country for such Product under the IMPAX Patents and Technical Information to non-exclusive licenses (and thereby remove the restrictions placed on IMPAX in Section 2.3 for such Product in such country). If at anytime after Launch of a Product in a country, IMPAX reasonably believes that WCH is not using Commercially Reasonable Efforts to market such Product in such country, then IMPAX shall notify WCH and if WCH does not begin to use Commercially Reasonable Efforts to market such Product within such country within thirty (30) days after such written notice, then IMPAX, at its option and as its sole and exclusive remedy, may, upon written notice to WCH, convert the licenses granted hereunder in such country for such Product under the IMPAX P...
Product Launch. This means the date on which first commercial-level shipping of the FEELit Mouse Product or any Product Model commences to third party unaffiliated customers of Logitech or a Logitech Affiliate.
Product Launch. Without limiting its general obligations under Section 4.1, INVENIAI will exert its COMMERCIALLY REASONABLE EFFORTS to obtain, as rapidly as possible, all required pricing approvals and approvals of labelling and marketing materials for a PRODUCT in each country in the TERRITORY in which a GOVERNMENTAL APPROVAL for such PRODUCT has been granted, and to launch such PRODUCT in such country. Notwithstanding the foregoing, DS acknowledges that it may not be commercially reasonable for INVENIAI to seek pricing approvals or launch a PRODUCT in every country.
Product Launch. 5 1.34 Product Manufacturing Program . . . . . . . . . . . . . . . . . . . . . . . . 5 1.35 Product Process Development Program . . . . . . . . . . . . . . . . . . . . . 5 1.36
Product Launch. It is estimated that the Development Work under the Non-Integrated Product Development Plan will be completed and the Product Launch Date will take place on or before September 30, 2010.
Product Launch. The date on which Athenex makes its first sale of Product to an unrelated third party in an arm’s length transaction for ultimate use or consumption by the general public in the Athenex Territory.
Product Launch. For purposes of this ARTICLE 6, a Product Launch by Trimeris, its Affiliate or its respective Sublicensee for such Product :
(a) in the United States, its territories, commonwealths, and possessions (“U.S.”), is the first date of commercial sale of a Product to a Third Party wholesaler at an arms length transaction in the U.S.;
(b) in a major European Union country shall be deemed achieved upon receipt of the first written approval to market a Product from a major European country (i.e., France, Germany, Italy, Spain, or the United Kingdom), including the written receipt of pricing approval from such country; and
(c) in a country other than provided for in Sections 6.8(a)& (b), is the first date of commercial sale of a Product to a Third Party wholesaler at an arms length transaction in such other country including the written receipt of pricing approval from such country if so required by the governing authority in such country.
Product Launch. Upon the sooner of (1) Licensee raising sufficient capital to bring any Licensee Developed Product to market or (2) October 31, 2008, Licensee shall pay to Licensor in cash the sum of $55,000.
Product Launch. E-Z-EM shall initiate distribution or marketing of GADOLITE(R) in each country in the Territory promptly upon receipt of all Marketing Authorizations but in no event later than 120 days following receipt of all Marketing Authorizations required by that country. E-Z-EM's obligation under this Subsection 3.1 is subject to the availability of Adequate Supply. If E-Z-EM does not initiate such distribution or marketing in any such country within such period and there was Adequate Supply during all of such period, Pharmacyclics shall have the right to invoke Section 10.2, provided, however, that if E-Z-EM fails to cure such breach, Pharmacyclics' sole and exclusive remedy shall be to remove such country from the Territory. The 120 days provided for in this Section 3.1 shall be in lieu of the time periods provided for in Section 10.2 for cure of any material breach. In the event Pharmacyclics invokes 10.2, the removal of such country shall be carried out in accordance with the provisions of Section 10.6 which are relevant to this Agreement; provided, however, that E-Z-EM shall not have the option to sell off existing inventory intended for sale in such country pursuant to Section 10.6(a)(iii) and the provisions of Section 10.6(a)(iv) shall be mandatory.
Product Launch. Without limiting its general obligations under Section 4.1, GENAISSANCE will exert its COMMERCIALLY REASONABLE EFFORTS to obtain, as rapidly as possible, all required pricing approvals and approvals of labelling and marketing materials for a PRODUCT and THERANOSTIC PRODUCTS in each MAJOR COUNTRY and each other country in which a GOVERNMENTAL APPROVAL for such PRODUCT and THERANOSTIC PRODUCTS has been granted, and to launch such PRODUCT in such country. Notwithstanding the foregoing, MERCK KGAA acknowledges that it may not be commercially reasonable for GENAISSANCE to seek pricing approvals or launch a PRODUCT or THERANOSTIC PRODUCT in every country.