VIVUS Responsibilities Sample Clauses

VIVUS Responsibilities. VIVUS shall be responsible for, and shall bear all costs of, the following: (A) VIVUS shall be responsible for obtaining all Marketing Authorizations for the Products in Abbo▇▇'▇ ▇▇▇e in those countries in Europe which are listed on Exhibit 8.1 attached to this Agreement, including but not limited to conducting any clinical studies with the Products which may be necessary to obtain Marketing Authorization for the Products, with labeling for the MUSE Product equivalent to the labeling in effect for the MUSE Product as of the Effective Date, and with labeling for the ALIBRA Product which the parties mutually negotiate with the applicable governmental authorities, and for maintaining such Marketing Authorizations until such Marketing Authorizations are transferred to Abbo▇▇. ▇▇omptly after the Effective Date, VIVUS shall transfer to Abbo▇▇ ▇▇▇ Marketing Authorizations in the Territory for the MUSE Product, and all Marketing Authorization applications in the Territory for the ALIBRA Product, as expeditiously as possible. (B) VIVUS shall provide to Abbo▇▇, ▇▇ expeditiously as possible, any and all authorizations, assistance, information and/or materials in VIVUS's possession or control required by Abbo▇▇ ▇▇ order to enable Abbo▇▇ ▇▇ market and sell the Products in the Territory (including, but not limited to authorizations, assistance, information and/or materials relating to Regulatory Approval of the Products by the United States Food and Drug Administration and by the European Medicines Evaluation Agency, and to the Drug Master Files for the Products). To the extent that any material, information, data or documents required by Abbo▇▇ ▇▇▇ not in VIVUS's possession or control, VIVUS shall use reasonable efforts to obtain such material, information, data or documents for Abbo▇▇. (C) In fulfilling its obligations under this Agreement, VIVUS shall use its best efforts to ensure that the Products are entitled to and receive the maximum benefit of any regulatory market exclusivity periods or other safeguards or extensions of proprietary status, which are or may be applicable in the Territory. (D) VIVUS shall be responsible for filing trademark applications for, and for the maintenance and upkeep of, the Trademarks in the Territory.

VIVUS Responsibilities. VIVUS shall be responsible for, and shall bear all costs of the following: a. Promptly after the Effective Date, VIVUS shall arrange for the transfer to Paladin of all Marketing Authorizations in the Territory for the Product as expeditiously as possible. b. VIVUS shall provide to Paladin, as expeditiously as possible, appropriate assistance, information and/or materials in VIVUS's possession or control in order to enable or facilitate Paladin to market and sell the Product in the Territory. c. In fulfilling its obligations under this Agreement, VIVUS shall use its best efforts to ensure that the Product is entitled to and receives the maximum available benefit of any regulatory market exclusivity periods or other safeguards or extensions of proprietary status, which are or may be applicable in the Territory. d. VIVUS shall be responsible for filing trademark applications for, and for the maintenance and upkeep of, the Trademark in the Territory.