Common use of Product Promotion Clause in Contracts

Product Promotion. (a) Subject to applicable Legal Requirements, as well as the provisions of this Agreement, Santarus shall, during the Term until Generic Entry of any Product (subject to Section 8.3(b)), at its sole expense, use commercially reasonable efforts to Promote the Products within the Territory in accordance with the Annual Plan (the “Promotional Effort”). For purposes of the preceding sentence, Santarus’ commercially reasonable efforts shall be met if Santarus is in compliance with its obligations under Section 5.1(b) and Section 5.1(c) of this Agreement. Santarus will cause the Santarus Sales Force and Santarus employees and agents acting on Santarus’ behalf to comply with this Agreement and all applicable Legal Requirements in connection with the Commercialization of the Products. It is understood, and Santarus agrees, that it will be accountable for the acts or omissions of the Santarus Sales Force and its employees and agents.

Product Promotion. (a) Subject to applicable Legal Requirements, as well as the provisions of this Agreement, Santarus shall, during from and after the Term until Generic Entry of any Product (subject to Section 8.3(b))Promotion Commencement Date, at its sole expense, use commercially reasonable efforts to Promote the Products within the Territory in accordance with the Launch Plan or Annual Plan (the “Promotional Effort”). For purposes of the preceding sentence, Santarus’ commercially reasonable efforts shall be met if Santarus is in compliance with its obligations under Section 5.1(b4.1(b), 4.1(c), 4.1(d) and Section 5.1(c4.1(e) of this Agreement. Santarus will cause the Santarus Sales Force and Santarus employees and agents acting on Santarus’ behalf to comply with this Agreement and all applicable Legal Requirements in connection with the Commercialization Promotion of the Products. It is understood, and Santarus agrees, that it will be accountable for the acts or omissions of the Santarus Sales Force and its employees and agentsagents to the extent such acts or omissions fail to comply with Santarus’ obligations under this Agreement.