Product Trademarks. Zai will have the right to brand the Licensed Products in the Territory using trademarks, logos, and trade names it determines appropriate for the Licensed Products, which may vary by region or within a region (the “Product Marks”). Zai will own all rights in the Product Marks in the Territory and will register and maintain the Product Marks in the Territory that it determines reasonably necessary, at Zai’s cost and expense. Upon Zai’s request, Paratek will reasonably assist Zai in the selection and design of the Product Marks. Zai will also have the right (pursuant to this Section 8.4) to use certain trademarks in the Territory as set forth in Schedule 8.4 (the “Paratek Product Marks”). If Zai elects to use the Paratek Product Marks in connection with the Commercialization of the Licensed Products in the Territory, Paratek will and hereby does grant to Zai, during the Term and subject to the terms and conditions of this Agreement, a royalty-free, exclusive license under Paratek’s rights to use such Paratek Product Marks in connection with the Commercialization of the Licensed Products in the Field in the Territory in compliance with Applicable Laws. Zai will comply with Paratek’s brand usage guidelines provided to Zai in its use of the Paratek Product Marks. For the avoidance of doubt, Paratek (a) has sole discretion regarding prosecution and maintenance of the Paratek Product Marks, provided that, after Zai has initiated launch efforts to Commercialize the [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Product under any particular Paratek Product Xxxx, Paratek shall notify Zai in writing of any decision to modify and/or discontinue the application or registration of such Paratek Product Xxxx in the Territory, and shall not carry out such modification or discontinuation without Zai’s prior written consent (not to be unreasonably withheld), further provided that Paratek shall not be required to obtain Zai’s consent if such modification and/or discontinuation is required by the applicable Regulatory Authority in the Territory or is necessary to avoid any potential infringement of the rights of any Third Party, and (b) has no obligation to ensure that, and provides no guarantee that, any applications included in the Paratek Products Marks issues to a registered trademark in the Territory.
Appears in 2 contracts
Samples: License and Collaboration Agreement (Zai Lab LTD), License and Collaboration Agreement (Zai Lab LTD)
Product Trademarks. Zai will have Subject to Section 8.4, the right Parties agree to brand use the Optune Trademarks for marketing Licensed Products in the Territory using and shall cooperate in good faith and jointly select other trademarks, logos, and trade names it determines appropriate that conform with NVCR’s global branding strategies for marketing Licensed Products in the Licensed ProductsTerritory (together with the Optune Trademarks, which may vary by region or within a region (the “Product Marks”). Zai will shall not use any other trademarks or house marks of NVCR (including NVCR’s corporate name) or any trademark confusingly similar thereto without NVCR’s prior written consent. NVCR shall own all rights in the Product Marks in the Territory and will shall register and maintain the Product Marks in the Territory that it determines reasonably necessary, at ZaiNVCR’s cost and expense; provided that NVCR shall grant Zai a royalty free exclusive license to use such Product Marks in connection with the sale, offer for sale and other Commercialization activities of the Licensed Products in the Territory during the Term, with the right to sublicense following the provisions of Section 2.2. Upon All goodwill and reputation generated by Zai’s requestuse of the Product Marks shall inure to the exclusive benefit of NVCR. Zai shall not by any act or omission use the Product Marks in any manner that disparages or reflects adversely on NVCR or its products, Paratek will reasonably assist technologies, business or reputation. Zai in shall not take any action that would interfere with or prejudice NVCR’s ownership or registration of the selection and design Product Marks, the validity of the Product Marks. Zai will also have the right (pursuant to this Section 8.4) to use certain trademarks in the Territory as set forth in Schedule 8.4 (the “Paratek Product Marks”). If Zai elects further agrees to use the Paratek Product Marks in connection accordance with such brand usage guidelines and quality standards as may be reasonably established by NVCR and communicated to Zai from time to time in writing, or as may be agreed to by the Commercialization of the Licensed Products Parties from time to time in the Territory, Paratek will and hereby does grant to Zai, during the Term and subject to the terms and conditions of this Agreement, a royalty-free, exclusive license under Paratek’s rights to use such Paratek Product Marks in connection with the Commercialization of the Licensed Products in the Field in the Territory in compliance with Applicable Lawswriting. Zai shall submit to NVCR for approval, prior to their use, all product labels, product brochures, advertisements, and other materials and material changes thereto upon which Zai uses the Product Marks; provided that, (a) NVCR will comply approve or disapprove any such materials within [***] Business Days of Zai’s submission; provided that if NVCR fails to respond within such period of time, such materials will be deemed approved if they are consistent with ParatekNVCR’s brand usage guidelines provided to Zai in its use of the Paratek Product Marksguidelines; further THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. For the avoidance of doubt, Paratek (a) has sole discretion regarding prosecution and maintenance of the Paratek Product Marks, provided that, after Zai has initiated launch efforts to Commercialize the REDACTED MATERIAL IS MARKED WITH [***] = Certain confidential information contained in this document, marked AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL provided NVCR shall use good faith to approve or disapprove such materials within a period of time specified by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant Zai if Zai requests NVCR to Rule 406 of the Securities Act of 1933, as amended. Product under any particular Paratek Product Xxxx, Paratek shall notify Zai in writing of any decision to modify and/or discontinue the application or registration of such Paratek Product Xxxx in the Territory, and shall not carry out such modification or discontinuation without Zai’s prior written consent (not to be unreasonably withheld), further provided that Paratek shall not be required to obtain Zai’s consent if such modification and/or discontinuation is required by the applicable Regulatory Authority in the Territory or is necessary to avoid any potential infringement of the rights of any Third Partyprovide an expedited approval for certain materials, and (b) has no obligation following NVCR’s approval in accordance with sub-clause (a), Zai will be free to ensure that, and provides no guarantee that, use such materials without the necessity to obtain NVCR’s approval for any applications included in subsequent use as long as such materials are not substantially different from the Paratek Products Marks issues to a registered trademark in the Territorymaterials approved by NVCR.
Appears in 1 contract
Product Trademarks. Zai will have Subject to Section 8.4, the right Parties agree to brand use the Optune Trademarks for marketing Licensed Products in the Territory using and shall cooperate in good faith and jointly select other trademarks, logos, and trade names it determines appropriate that conform with NVCR’s global branding strategies for marketing Licensed Products in the Licensed ProductsTerritory (together with the Optune Trademarks, which may vary by region or within a region (the “Product Marks”). Zai will shall not use any other trademarks or house marks of NVCR (including NVCR’s corporate name) or any trademark confusingly similar thereto without NVCR’s prior written consent. NVCR shall own all rights in the Product Marks in the Territory and will shall register and maintain the Product Marks in the Territory that it determines reasonably necessary, at ZaiNVCR’s cost and expense; provided that NVCR shall grant Zai a royalty free exclusive license to use such Product Marks in connection with the sale, offer for sale and other Commercialization activities of the Licensed Products in the Territory during the Term, with the right to sublicense following the provisions of Section 2.2. Upon All goodwill and reputation generated by Zai’s requestuse of the Product Marks shall inure to the exclusive benefit of NVCR. Zai shall not by any act or omission use THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 43 EXHIBIT 10.15 CONFIDENTIAL the Product Marks in any manner that disparages or reflects adversely on NVCR or its products, Paratek will reasonably assist technologies, business or reputation. Zai in shall not take any action that would interfere with or prejudice NVCR’s ownership or registration of the selection and design Product Marks, the validity of the Product Marks. Zai will also have the right (pursuant to this Section 8.4) to use certain trademarks in the Territory as set forth in Schedule 8.4 (the “Paratek Product Marks”). If Zai elects further agrees to use the Paratek Product Marks in connection accordance with such brand usage guidelines and quality standards as may be reasonably established by NVCR and communicated to Zai from time to time in writing, or as may be agreed to by the Commercialization of the Licensed Products Parties from time to time in the Territory, Paratek will and hereby does grant to Zai, during the Term and subject to the terms and conditions of this Agreement, a royalty-free, exclusive license under Paratek’s rights to use such Paratek Product Marks in connection with the Commercialization of the Licensed Products in the Field in the Territory in compliance with Applicable Lawswriting. Zai shall submit to NVCR for approval, prior to their use, all product labels, product brochures, advertisements, and other materials and material changes thereto upon which Zai uses the Product Marks; provided that, (a) NVCR will comply approve or disapprove any such materials within [***] Business Days of Zai’s submission; provided that if NVCR fails to respond within such period of time, such materials will be deemed approved if they are consistent with ParatekNVCR’s brand usage guidelines provided to Zai in its use of the Paratek Product Marks. For the avoidance of doubt, Paratek (a) has sole discretion regarding prosecution and maintenance of the Paratek Product Marks, provided that, after Zai has initiated launch efforts to Commercialize the [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Product under any particular Paratek Product Xxxx, Paratek shall notify Zai in writing of any decision to modify and/or discontinue the application or registration of such Paratek Product Xxxx in the Territory, and shall not carry out such modification or discontinuation without Zai’s prior written consent (not to be unreasonably withheld), guidelines; further provided that Paratek NVCR shall not be required use good faith to obtain Zai’s consent approve or disapprove such materials within a period of time specified by Zai if such modification and/or discontinuation is required by the applicable Regulatory Authority in the Territory or is necessary Zai requests NVCR to avoid any potential infringement of the rights of any Third Partyprovide an expedited approval for certain materials, and (b) has no obligation following NVCR’s approval in accordance with sub-clause (a), Zai will be free to ensure that, and provides no guarantee that, use such materials without the necessity to obtain NVCR’s approval for any applications included in subsequent use as long as such materials are not substantially different from the Paratek Products Marks issues to a registered trademark in the Territorymaterials approved by NVCR.
Appears in 1 contract
Product Trademarks. Zai will have the right to brand the Licensed Products in the Territory using trademarks, logos, and trade names it determines appropriate for the Licensed Products, which may vary by region or within a region (the “Product Marks”). Zai will own all rights in the Product Marks in the Territory and will register and maintain the Product Marks in the Territory that it determines reasonably necessary, at Zai’s cost and expense. Upon Zai’s request, Paratek will reasonably assist Zai in the selection and design of the Product Marks. Zai will also have the right shall only use (pursuant to this Section 8.49.4) to use certain the trademarks Controlled by Deciphera in the Territory as set forth Deciphera may provide to Zai in Schedule 8.4 writing from time to time (the “Paratek Deciphera Product Marks”). If Zai elects to ) and shall use the Paratek Product Marks in connection English xxxx thereof with the Commercialization of the Licensed Products in the Territory, Paratek will and Chinese phonetic translation below. Deciphera hereby does grant grants to Zai, during the Term and subject to the terms and conditions of this Agreement, a royalty-free, exclusive license under ParatekDeciphera’s rights to use such Paratek Deciphera Product Marks in connection with the Commercialization of the Licensed Products in the Field in the Territory in compliance with Applicable Laws. Zai will may also brand the Licensed Products in the Territory using other trademarks, logos, and trade names specific for the Licensed Product; provided, however, that (a) prior to such use, Zai shall submit such trademarks, logos and trade names for Deciphera’s prior written approval, (b) upon Deciphera’s prior written approval, such trademarks, logos and trademarks shall be deemed owned by Zai (the “Product Marks”). Zai shall own all rights in the Product Marks in the Territory and shall register and maintain the Product Marks in the Territory that it determines reasonably necessary. Upon Zai’s request, Deciphera shall reasonably assist Zai in the selection and design of the Product Marks at Zai’s cost. Zai shall comply with ParatekDeciphera’s brand usage guidelines provided to Zai in its use of the Paratek Deciphera Product Marks. For the avoidance of doubt, Paratek Deciphera (ai) has sole discretion regarding prosecution and maintenance of the Paratek Deciphera Product Marks, provided that, after Zai has initiated launch efforts to Commercialize the [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Licensed Product under any particular Paratek Deciphera Product Xxxx, Paratek Deciphera shall notify Zai in writing of any decision to modify and/or or discontinue the application or registration of such Paratek Deciphera Product Xxxx in the Territory, and shall not carry out such modification or discontinuation without Zai’s prior written consent (not to be unreasonably withheld), further provided that Paratek Deciphera shall not be required to obtain Zai’s consent if such modification and/or or discontinuation is required by the applicable Regulatory Authority in the Territory or is necessary to avoid any potential infringement of the rights of any Third Party, and (bii) has no obligation to ensure that, and provides no guarantee that, any applications included in the Paratek Deciphera Products Marks issues to a registered trademark in the Territory.
Appears in 1 contract
Samples: License Agreement (Deciphera Pharmaceuticals, Inc.)
Product Trademarks. Zai will have Subject to Section 8.4, the right Parties agree to brand use the Optune Trademarks for marketing Licensed Products in the Territory using and shall cooperate in good faith and jointly select other trademarks, logos, and trade names it determines appropriate that conform with NVCR’s global branding strategies for marketing Licensed Products in the Licensed ProductsTerritory (together with the Optune Trademarks, which may vary by region or within a region (the “Product Marks”). Zai will shall not use any other trademarks or house marks of NVCR (including NVCR’s corporate name) or any trademark confusingly similar thereto without NVCR’s prior written consent. NVCR shall own all rights in the Product Marks in the Territory and will shall register and maintain the Product Marks in the Territory that it determines reasonably necessary, at ZaiNVCR’s cost and expense; provided that NVCR shall grant Zai a royalty free exclusive license to use such Product Marks in connection with the sale, offer for sale and other Commercialization activities of the Licensed Products in the Territory during the Term, with the right to sublicense following the provisions of Section 2.2. Upon All goodwill and reputation generated by Zai’s requestuse of the Product Marks shall inure to the exclusive benefit of NVCR. Zai shall not by any act or omission use the Product Marks in any manner that disparages or reflects adversely on NVCR or its products, Paratek will reasonably assist technologies, business or reputation. Zai in shall not take any action that would interfere with or prejudice NVCR’s ownership or registration of the selection and design Product Marks, the validity of the Product Marks. Zai will also have the right (pursuant to this Section 8.4) to use certain trademarks in the Territory as set forth in Schedule 8.4 (the “Paratek Product Marks”). If Zai elects further agrees to use the Paratek Product Marks in connection accordance with such brand usage guidelines and quality standards as may be reasonably established by NVCR and communicated to Zai from time to time in writing, or as may be agreed to by the Commercialization of the Licensed Products Parties from time to time in the Territory, Paratek will and hereby does grant to Zai, during the Term and subject to the terms and conditions of this Agreement, a royalty-free, exclusive license under Paratek’s rights to use such Paratek Product Marks in connection with the Commercialization of the Licensed Products in the Field in the Territory in compliance with Applicable Lawswriting. Zai shall submit to NVCR for approval, prior to their use, all product labels, product brochures, advertisements, and other materials and material changes thereto upon which Zai uses the Product Marks; provided that, (a) NVCR will comply approve or disapprove any such materials within [***] Business Days of Zai’s submission; provided that if NVCR fails to respond within such period of time, such materials will be deemed approved if they are consistent with ParatekNVCR’s brand usage guidelines provided to Zai in its use of the Paratek Product Marks. For the avoidance of doubt, Paratek (a) has sole discretion regarding prosecution and maintenance of the Paratek Product Marks, provided that, after Zai has initiated launch efforts to Commercialize the [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Product under any particular Paratek Product Xxxx, Paratek shall notify Zai in writing of any decision to modify and/or discontinue the application or registration of such Paratek Product Xxxx in the Territory, and shall not carry out such modification or discontinuation without Zai’s prior written consent (not to be unreasonably withheld), guidelines; further provided that Paratek NVCR shall not be required use good faith to obtain Zai’s consent approve or disapprove such materials within a period of time specified by Zai if such modification and/or discontinuation is required by the applicable Regulatory Authority in the Territory or is necessary Zai requests NVCR to avoid any potential infringement of the rights of any Third Partyprovide an expedited approval for certain materials, and (b) has no obligation following NVCR’s approval in accordance with sub-clause (a), Zai will be free to ensure that, and provides no guarantee that, use such materials without the necessity to obtain NVCR’s approval for any applications included in subsequent use as long as such materials are not substantially different from the Paratek Products Marks issues to a registered trademark in the Territory.materials approved by NVCR. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [***] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 42
Appears in 1 contract
Product Trademarks. Zai will have As soon as reasonably practicable following the right Effective Date, but no later than [***] prior to brand the Licensed Products in the Territory using trademarks, logos, and trade names it determines appropriate filing of any Regulatory Approval Application for the Licensed ProductsProduct in each Region in the Licensed Territory, the Parties shall discuss in good faith a branding strategy for Commercialization of the Licensed Product in the Licensed Territory, including selection of any trademarks, logos and trademarks for use in connection with Commercialization of the Licensed Product in each Region in the Licensed Territory, which may vary by region or within a region (strategy shall be consistent with and subject to Xxxxxx’s global branding strategy for the “Product Marks”)Licensed Product. Zai will own all rights in the Product Marks in the Territory and will register and maintain the Product Marks in the Territory that it determines reasonably necessary, at Zai’s cost and expense. Upon Zai’s request, Paratek will reasonably assist Zai in the selection and design of the Product Marks. Zai will also have the right may use (pursuant to this Section 8.47.5) to use certain the trademarks Controlled by Karuna in the Licensed Territory as set forth Karuna may provide to Zai in Schedule 8.4 writing from time to time (the “Paratek Karuna Product Marks”). If Zai elects to ) and may use the Paratek Product Marks in connection English mark thereof with the Commercialization of the Licensed Products in the Territory, Paratek will and Chinese phonetic translation below. Karuna hereby does grant grants to Zai, during the Term and subject to the terms and conditions of this Agreement, a royalty-free, exclusive license under ParatekXxxxxx’s rights to use such Paratek Karuna Product Marks in connection with the Commercialization of the Licensed Products Product in the Field in the Licensed Territory in compliance with Applicable LawsLaws and this Agreement. Zai will shall comply with ParatekXxxxxx’s brand usage guidelines provided to Zai in its use of the Paratek Karuna Product Marks. For Zai may also (in addition to or in lieu of the avoidance Karuna Product Marks) brand the Licensed Product in the Field in the Licensed Territory using its (and its Affiliates’ and Sublicensees’) own corporate name or logo, and other trademarks, logos, and trade names specific for the Licensed Product that differ from the Karuna Product Marks and do not contain the name of doubtKaruna; provided, Paratek however, that (a) has sole discretion regarding prosecution such trademarks, logos and maintenance trade names shall not be confusingly similar to any of the Paratek Product Markstrademarks Controlled by Karuna or any of its Affiliates, provided that(b) prior to such use, after Zai has initiated launch efforts to Commercialize the [*] = Certain confidential information contained in this documentshall submit such trademarks, marked by brackets, has been omitted logos and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Product under any particular Paratek Product Xxxx, Paratek shall notify Zai in writing of any decision to modify and/or discontinue the application or registration of such Paratek Product Xxxx in the Territory, and shall not carry out such modification or discontinuation without Zaitrade names for Xxxxxx’s prior written consent approval (not to be unreasonably withheld, delayed or conditioned), further provided that Paratek shall not be required to obtain Zai’s consent if such modification and/or discontinuation is required by the applicable Regulatory Authority in the Territory or is necessary to avoid any potential infringement of the rights of any Third Party, and (bc) has no obligation to ensure thatsuch trademarks, logos and provides no guarantee that, any applications included trademarks shall be deemed owned by Zai (the “Product Marks”). Zai shall own all rights in the Paratek Products Product Marks issues to a registered trademark in the Territory.Licensed Territory and shall register and maintain the Product Marks in the Licensed Territory that it determines reasonably necessary. [***] = CERTAIN CONFIDENTIAL INFORMATION OMITTED
Appears in 1 contract
Samples: License Agreement (Zai Lab LTD)
Product Trademarks. Zai will have Subject to Section 8.4, the right Parties agree to brand use the Optune Trademarks for marketing Licensed Products in the Territory using and shall cooperate in good faith and jointly select other trademarks, logos, and trade names it determines appropriate that conform with NVCR’s global branding strategies for marketing Licensed Products in the Licensed ProductsTerritory (together with the Optune Trademarks, which may vary by region or within a region (the “Product Marks”). Zai will shall not use any other trademarks or house marks of NVCR (including NVCR’s corporate name) or any trademark confusingly similar thereto without NVCR’s prior written consent. NVCR shall own all rights in the Product Marks in the Territory and will shall register and maintain the Product Marks in the Territory that it determines reasonably necessary, at ZaiNVCR’s cost and expense; provided that NVCR shall grant Zai a royalty free exclusive license to use such Product Marks in connection with the sale, offer for sale and other Commercialization activities of the Licensed Products in the Territory during the Term, with the right to sublicense following the provisions of Section 2.2. Upon All goodwill and reputation generated by Zai’s requestuse of the Product Marks shall inure to the exclusive benefit of NVCR. Zai shall not by any act or omission use CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, Paratek will reasonably assist MARKED WITH [***], HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. 43 EXHIBIT 10.15 CONFIDENTIAL the Product Marks in any manner that disparages or reflects adversely on NVCR or its products, technologies, business or reputation. Zai in shall not take any action that would interfere with or prejudice NVCR’s ownership or registration of the selection and design Product Marks, the validity of the Product Marks. Zai will also have the right (pursuant to this Section 8.4) to use certain trademarks in the Territory as set forth in Schedule 8.4 (the “Paratek Product Marks”). If Zai elects further agrees to use the Paratek Product Marks in connection accordance with such brand usage guidelines and quality standards as may be reasonably established by NVCR and communicated to Zai from time to time in writing, or as may be agreed to by the Commercialization of the Licensed Products Parties from time to time in the Territory, Paratek will and hereby does grant to Zai, during the Term and subject to the terms and conditions of this Agreement, a royalty-free, exclusive license under Paratek’s rights to use such Paratek Product Marks in connection with the Commercialization of the Licensed Products in the Field in the Territory in compliance with Applicable Lawswriting. Zai shall submit to NVCR for approval, prior to their use, all product labels, product brochures, advertisements, and other materials and material changes thereto upon which Zai uses the Product Marks; provided that, (a) NVCR will comply approve or disapprove any such materials within [***] Business Days of Zai’s submission; provided that if NVCR fails to respond within such period of time, such materials will be deemed approved if they are consistent with ParatekNVCR’s brand usage guidelines provided to Zai in its use of the Paratek Product Marks. For the avoidance of doubt, Paratek (a) has sole discretion regarding prosecution and maintenance of the Paratek Product Marks, provided that, after Zai has initiated launch efforts to Commercialize the [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. Product under any particular Paratek Product Xxxx, Paratek shall notify Zai in writing of any decision to modify and/or discontinue the application or registration of such Paratek Product Xxxx in the Territory, and shall not carry out such modification or discontinuation without Zai’s prior written consent (not to be unreasonably withheld), guidelines; further provided that Paratek NVCR shall not be required use good faith to obtain Zai’s consent approve or disapprove such materials within a period of time specified by Zai if such modification and/or discontinuation is required by the applicable Regulatory Authority in the Territory or is necessary Zai requests NVCR to avoid any potential infringement of the rights of any Third Partyprovide an expedited approval for certain materials, and (b) has no obligation following NVCR’s approval in accordance with sub-clause (a), Zai will be free to ensure that, and provides no guarantee that, use such materials without the necessity to obtain NVCR’s approval for any applications included in subsequent use as long as such materials are not substantially different from the Paratek Products Marks issues to a registered trademark in the Territorymaterials approved by NVCR.
Appears in 1 contract
