Common use of Sub-Distribution Clause in Contracts

Sub-Distribution. EKR may appoint sub-distributors under this Agreement provided that EKR: (a) informs PPI of the identity of any Third Party sub-distributor (other than Affiliate companies) prior to the execution of any sub-distribution agreement; (b) obtain a confidential nondisclosure agreement with the prospective Sub-Distributor in a form acceptable to PPI, which acceptance shall not be unreasonably withheld or delayed and containing terms at least as stringent as those terms included in Article 11 of this Agreement; (c) deliver to the prospective Sub-Distributor a redacted copy of this Agreement (“Redacted Agreement”). Any sub-distribution agreement shall provide that such agreement is subject and subordinate to the rights of PPI under this Agreement; and (d) provides PPI with a copy of written sub-distribution agreement as soon as reasonably practicable after the execution thereof by EKR.

Appears in 2 contracts

Sources: Strategic Licensing, Distribution and Marketing Agreement (Pacira Pharmaceuticals, Inc.), Strategic Licensing, Distribution and Marketing Agreement (Pacira Pharmaceuticals, Inc.)