PROMOTIONAL AND ADVERTISING MATERIALS. The Company shall be solely responsible for designing, preparing and distributing at its sole expense all promotional materials and advertisements used by or on its behalf of it in the promotion and marketing of the Product. The Company shall be solely responsible for submitting, without BMS review, all promotional and advertising materials prepared by or for it to Governmental Entity for review and approval (as applicable). Notwithstanding any review or use of any promotional or advertising materials by BMS prior to the Effective Date, the Company will be solely responsible and liable for any failure arising after the Effective Date of such materials to comply with the applicable labeling and Product Registration and with applicable Law (including the Prescription Drug Marketing Act of 1987 (“PDMA”) and any amendments thereto), unless the failure to so comply is a result of BMS’ or its Affiliate’s act or omission with respect to such promotional and advertising materials, including packaging errors and omissions, in which case BMS shall be solely responsible and liable.
PROMOTIONAL AND ADVERTISING MATERIALS. The Parties shall disseminate in the Co-Promotion Countries only those promotional and advertising materials which have been provided or approved for use by the Marketing Committee. All such materials shall be consistent with the relevant Marketing Plan and Budget approved by the Executive Committee and neither Party shall make any claims or representations in respect of the Collaboration Products that have not been approved by the Marketing Committee.
PROMOTIONAL AND ADVERTISING MATERIALS. Jingfeng agrees to put the notation of “Licensed from Carbylan Biosurgery, Inc., USA” in English and in Mandarin and/or Cantonese, as applicable, clearly and distinctly on all packages and package inserts of, and major promotional and advertising materials for, the Licensed Products to the extent such notation is permissible in legal and regulatory aspects and is commercially reasonable.
PROMOTIONAL AND ADVERTISING MATERIALS. Each party shall submit to the ------------------------------------- other for its written approval all advertising and promotional copy prepared by or on behalf of either party pursuant to Section 1.03 hereof, via overnight delivery not less than ten (10) days prior to release for use or distribution. Any submission in response to which the reviewing party shall have delivered notice of disapproval to the submitting party within such ten (10) day period shall be deemed disapproved, and the submitting party shall not release such materials for use or distribution but shall be permitted to resubmit such samples and/or advertising and promotional materials for approval as necessary
PROMOTIONAL AND ADVERTISING MATERIALS. All promotional and advertising materials shall be consistent with the relevant Marketing Plan and Marketing Budget. Neither Party shall make any claim or representation in respect of the Product that has not been approved by the JMT. In any such materials which identify either Party, the Parties will be presented and described to the medical communities (including, for example, the physician, pharmacy, governmental, reimbursement and hospital sectors) as joining in the Co-Promotion. All such materials and all documentary information, promotional material and oral presentations (where practical) regarding the Co-Promotion will display the Xxxxxx and CoCensys names and logos with equal prominence as permitted by applicable law.
PROMOTIONAL AND ADVERTISING MATERIALS. (a) Consistent with applicable law, the ICC shall have the right to approve any and all Product Promotional Materials, pursuant to mutually agreed upon procedures and timelines, which, to the extent practicable, shall be coordinated with both Wyeth-Ayerst's clearance procedures (i.e., Wyeth-Ayerst's Copy Clearance Committee) and Aviron's clearance procedures. The Parties shall establish a tracking system or utilize Wyeth-Ayerst's tracking system (if appropriate and mutually agreed), for Product Promotional Materials to ensure that all such Product Promotional Materials are accurately tracked and submitted to each Agency as required by applicable law.
PROMOTIONAL AND ADVERTISING MATERIALS. (a) Consistent with applicable law, the JCC shall have the right to approve any and all Product Promotional Materials, pursuant to mutually agreed upon procedures and timelines, which, to the extent practicable, shall be coordinated with both Wyeth-Ayerst's clearance procedures (i.e., Wyeth-Ayerst's Copy Clearance Committee) and Aviron's clearance procedures. The Parties shall establish a tracking system or utilize Wyeth-Ayerst's tracking system (if appropriate and mutually agreed), for Product Promotional Materials to ensure that all such Product Promotional Materials are accurately tracked and submitted to the FDA.
PROMOTIONAL AND ADVERTISING MATERIALS. The Parties shall disseminate in the USA only those promotional and advertising materials which have been provided or approved for use by the Joint Marketing Committee, the cost of which shall be the responsibility of Wyeth-Ayerst. All such materials shall be consistent with the relevant Marketing Plan approved by the Joint Marketing Committee and neither Party shall make any claims or representations in respect of the Product that have not been approved by the Joint Marketing Committee. All such written and visual materials and all documentary information, promotional material, and oral presentations (where practical) regarding the promotion of the Product will state this arrangement and will display the Wyeth-Ayerst and CoCensys names and logos with equal prominence, as permitted by applicable law.
PROMOTIONAL AND ADVERTISING MATERIALS. TPC agrees to provide Consolidated Artists and its representative, Advantage International Management, Inc. ("Advantage"), with a copy of all advertising and promotional materials which will use or show the Xxxx Endorsement for their approval. Such promotional or advertising materials shall be delivered to Advantage at least fourteen (14) days prior to their release to the general public, and TPC agrees that the same shall not be released without the prior written approval of Advantage. Advantage agrees that it will not unreasonably disapprove or reject promotional or advertising materials hereunder, and that Advantage's failure to disapprove such materials within fourteen (14) days of receipt shall be deemed to be approval. In addition, TPC agrees to provide Consolidated Artists with complimentary duplicates of all promotional and/or advertising materials featuring Xxxx or the Xxxx Endorsement.
PROMOTIONAL AND ADVERTISING MATERIALS. To the extent DISTRIBUTOR so desires, Atio USA will furnish DISTRIBUTOR with copies of advertising, marketing and related literature and materials produced by Atio USA, in return for which DISTRIBUTOR will pay Atio USA an amount equal to Atio USA's actual cost of producing copies furnished to DISTRIBUTOR, plus shipping and related costs. DISTRIBUTOR may, at its own expense, produce advertising, marketing and related literature and materials pertaining to the CyberCall Products for the purposes of advertising and marketing the CyberCall Products, provided that DISTRIBUTOR and its Dealers make no unauthorized use of Atio USA's name or trademarks. DISTRIBUTOR will not make any claims or representations or give any warranties or guaranties regarding the CyberCall Products that are inconsistent with, or in addition to, those made by Atio USA, except at its own risk and liability.
