Common use of Regulatory Data Protection Clause in Contracts

Regulatory Data Protection. As between the Parties, VIVUS shall be solely responsible for deciding which of the VIVUS Patents to submit to FDA for listing in the Orange Book for any Product and for maintaining with FDA correct and complete listings of applicable patents for such Product; provided that VIVUS shall not unreasonably fail to include any VIVUS Patents requested by Auxilium to be submitted to FDA for listing in the Orange Book.

Regulatory Data Protection. As between the Parties, VIVUS Licensee shall be solely responsible for deciding which of the VIVUS Patents to submit to FDA for listing in the Orange Book for any Product and for maintaining with FDA correct and complete listings of applicable patents for such Product; provided that VIVUS Licensee shall not unreasonably fail to include any VIVUS Patents requested by Auxilium VIVUS to be submitted to FDA for listing in the Orange Book.