Common use of Regulatory Exclusivity Clause in Contracts

Regulatory Exclusivity. In the event that either Party reasonably believes that exclusivity rights under any Marketing Approval for the Product within the Field in the Territory are being violated (whether by making, using, offering, for sale or selling any biosimilar equivalent of Product, or otherwise) by a Third Party, such Party shall promptly notify the other Party. For clarity, as holder of the Marketing Approval for a Product, Grünenthal shall have the first right to bring any action to enforce such exclusivity rights arising from a Marketing Approval for the Product within the Field in the Territory.

Regulatory Exclusivity. In the event that either Party reasonably believes that exclusivity rights under any Marketing Approval for the any Product within for the Field in the Territory are being violated (whether by making, using, offering, for sale or selling any biosimilar equivalent of Product, or otherwise) by a Third Party, such Party shall promptly notify the other Party. For clarity, as holder of the Marketing Approval for a Product, Grünenthal Collaborator shall have the first right to bring any action to enforce such exclusivity rights arising from a Marketing Approval for the any Product within for the Field in the Territory.