Common use of Product Launch Clause in Contracts

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.