Examples of Co-Commercialized Product in a sentence
If a Party opts to terminate its efforts on a Joint Development Compound, a Joint Development Compound/IV or a Co-Commercialized Product, it shall receive no reimbursement for its expenses, costs, or other obligations incurred after the last quarterly reconciliation period prior to the abandoning Party's effective termination date for its development efforts pursuant to Section 9.3. The other Party may choose to continue with or to cease its development efforts.
Neither Party may subcontract any portion of the Co-Commercialized Product development and commercialization work to be performed by it hereunder unless: (i) such subcontract is specifically provided for by the applicable Development Plan or Co-Commercialization Plan in question; (ii) otherwise provided for by this Agreement or (iii) agreed upon in writing by the Parties.
Each Party shall use commercially reasonable efforts to perform the Co-Commercialized Product development and commercialization work assigned to it in a prudent and skillful manner in accordance, in all material respects, with the Co-Commercialization Plan then in effect and applicable laws.
In the event that the IDP fails to use commercially reasonable efforts to develop and commercialize any Independent Product, the IDP shall, at the other Party's election, either (i) abandon such Independent Product and permit the other Party to undertake development of such abandoned Independent Product, or (ii) grant the other Party the right to participate in co-development or profit sharing of such abandoned Independent Product, which shall be deemed a Co-Commercialized Product governed by Article 4.
Such right shall include, without limitation, the right to refer to, use and present Results of the other Party in any Regulatory Approval application relating to a Product, without regard to whether such Product is a Co-Commercialized Product or an Independent Product.
In the event that a Co-Commercialized Product incorporates Third Party Technology acquired by the Collaboration in accordance with Sections 2.6 or 3.5, as the case may be, any royalties or other amounts payable to the Third Party licensor of such Third Party Technology on account of its incorporation in Co-Commercialized Products shall be shared by the Parties as previously determined by the Parties in accordance with Sections 2.6 or 3.5.
In the event that the Manufacturing Party elects not to manufacture any Co-Commercialized Product from which it has withdrawn pursuant to Section 3.2.7, the Manufacturing Party shall provide the other Party with prompt written notice of such election.
The Collaboration Management Team, or a Project Committee if designated, shall determine the jurisdiction or jurisdictions in which Regulatory Approvals for any particular Co-Commercialized Product are to be sought to enable commercialization of such Co-Commercialized Product therein.
In the event that a Party intends to use the Results, Joint Compounds, Joint Compound Patents, Joint Development Compounds, Joint Libraries and/or Joint Technology with a Third Party for a drug other than a Co-Commercialized Product or an Independent Product, such use must be in compliance with the restrictions set forth in Section 2.11.
Chiron and PathoGenesis shall share all Net Pretax Profits or Losses of each Co-Commercialized Product, regardless of which of the two parties is the Lead Developing Party, for activities giving rise to such Net Pretax Profits or Losses on a 50%-50% basis or as otherwise agreed in writing by the Parties, all to the extent allowable by GAAP.