Common use of Product Launch Clause in Contracts

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.