Commercially Unreasonable definition

Commercially Unreasonable means that the activity referred to would be unreasonable to pursue given the efforts and resources normally used by a pharmaceutical or biotechnology company, as applicable, of comparable size and resources of such Party, in the exercise of its reasonable business discretion relating to such activity with respect to a similar product with similar product characteristics, that is of similar market potential at a similar stage in its Development or product life, taking into account issues of patent coverage, safety and efficacy, product profile, the competitiveness of the marketplace, the proprietary position of the compound or product, the regulatory structure involved, and other technical, legal, scientific and/or medical factors, and, solely with respect to BSP’s Development and/or Commercialization (but not Research) of Collaboration Compounds under this Agreement, the profitability of such Collaboration Compounds (including without limitation pricing and reimbursement status achieved) as compared to other products within BSP’s portfolio.
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Examples of Commercially Unreasonable in a sentence

  • ALTERNATIVE 5A: The CPUC would support the FCC’s proposed No-Blocking rule, including the requirement that ISPs offer a “minimum level of service,” which the CPUC would recommend should be “An Objective, Evolving ‘Reasonable Person’ Standard.” This No- Blocking rule would operate in conjunction with the proposed No Commercially Unreasonable Practices rule, discussed below.

  • Further, a rule that achieved both of those goals likely could not simultaneously further the FCC’s vision of protecting and promoting an “open Internet.”53 ALTERNATIVE 7A: The CPUC would support the FCC’s proposed No Commercially Unreasonable Practices rule.

  • Remedies Under West Virginia’s Uniform Commercial Code Arising From a Commercially Unreasonable Disposition in a Non-Consumer CaseThe parties’ arguments for allowing or limiting evidence on damages arises from a disagreement regarding the extent of available damages under the West Virginia Uniform Commercial Code.

  • Commercially Unreasonable Transactions Counter-Plaintiffs also claim that Voso has signed “at least ten separate high interest short term financing loans on behalf of Pursuit” which carry “commercially unreasonable interest rates and fees.” (R.16-2, Flynn Aff.

  • We will provide additional comments regarding drainage and other utility easements once detailed construction plans become available.

  • The Draft RFP’s Term Sheets and Form Contracts for PPA and SCA Bids Contain Commercially Unreasonable Terms that Should be Revised to Prevent Bias.

  • Commercially Unreasonable, Custom and Practice, and Unreasonable Exercise of Discretion: Even if the pursuit ofinjunctions on standard-essential patents were considered reasonable or customary before 2012 (and there is no evidence that it was), the FTC’s public interest statement to the ITC, ER429(150:23-151:17), establishes that regulators viewed that conduct as unreasonable, contrary to the public interest, and a “custom and practice” (if it ever existed) that should be abandoned.

  • The OCOM Defendants Entered into a Sham and Commercially Unreasonable Lease of an Empty Building Owned by Cruse And Langerman to Appease Cruse and Langerman and Reward Them for Their High Volume Of Referrals (the “Sham Lease Scheme”).

  • If overcollateralization is correctly calculated in this way, the Settlement Payment will not, and cannot, create overcollateralization.B. Temporary Overcollateralization is an Absurd, Commercially Unreasonable Result.

  • Triaxx’s Interpretation Would Produce A Commercially Unreasonable Result.

Related to Commercially Unreasonable

  • Commercially Reasonable or “Commercially Reasonable Efforts” means, with respect to any action required to be made, attempted or taken by a Party under this Agreement, the level of effort in light of the facts known to such Party at the time a decision is made that: (a) can reasonably be expected to accomplish the desired action without a material increase in costs incurred by such Party; (b) is consistent with Prudent Industry Practices; and (c) takes into consideration the amount of advance notice required to take such action, the duration and type of action and the competitive environment in which such action occurs.

  • Commercially Reasonable Efforts means efforts which are designed to enable a Party, directly or indirectly, to satisfy a condition to, or otherwise assist in the consummation of, the transactions contemplated by this Agreement and which do not require the performing Party to expend any funds or assume liabilities, other than expenditures and liabilities which are reasonable in nature and amount in the context of the transactions contemplated by this Agreement.

  • Commercially Useful Function means responsibility for the execution of a distinct element of the work of the contract, which is carried out by actually performing, managing, and supervising the work involved, evidencing the responsibilities and risks of a business owner such as negotiating the terms of (sub)contracts, taking on a financial risk commensurate with the contract or its subcontract, responsibility for acquiring the appropriate lines of credit and/or loans, or fulfilling responsibilities as a joint venture partner as described in the joint venture agreement.

  • Unreasonably impracticable means that the measures necessary to comply with the regulations require such a high investment of risk, money, time, or any other resource or asset that the operation of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.

  • Reasonable Commercial Efforts means, with respect to the applicable obligation of the Company, reasonable commercial efforts for similarly situated, publicly-traded companies.

  • Commercially Sensitive Information means the Information (i) listed in the Commercially Sensitive Information Schedule; or (ii) notified to the Authority in writing (prior to the commencement of this Contract) which has been clearly marked as Commercially Sensitive Information comprised of information:

  • Contractor Commercially Sensitive Information means the information listed in the Contractor Commercial Sensitive Information Annex to the Contract being information notified by the Contractor to the Authority which is acknowledged by the Authority as being commercially sensitive information.

  • Commercially available means that the choice between domestic and imported products is unrestricted and depends only on commercial considerations.

  • Reasonable Efforts means, with respect to any action required to be made, attempted, or taken by an Interconnection Party or by a Construction Party under Tariff, Part IV or Tariff, Part VI, an Interconnection Service Agreement, or a Construction Service Agreement, such efforts as are timely and consistent with Good Utility Practice and with efforts that such party would undertake for the protection of its own interests. Regional Entity:

  • Developmentally appropriate means suitable to the chronological age range and developmental characteristics of a specific group of children.

  • Financially Literate means the ability to read and understand a set of financial statements that present a breadth and level of complexity of accounting issues that are generally comparable to the breadth and complexity of the issues that can reasonably be expected to be raised by the Corporation’s financial statements.

  • Reasonable grounds means that a reasonable person in your position would also suspect the information indicates misconduct or a breach of the law.

  • Commercially Sensitive Information Schedule means the Schedule containing a list of the Commercially Sensitive Information.

  • Diligent Efforts means, with respect to a Party’s obligations hereunder, the carrying out of obligations or tasks in a sustained manner consistent with the efforts a Party devotes to a research, development or marketing project for a pharmaceutical product or products of similar market potential, profit potential or strategic value resulting from its own research efforts, based on conditions then prevailing, which efforts shall in any event be no less than those which would be considered reasonable in the pharmaceutical or biotechnology industries.

  • Medically Appropriate means services and medical supplies required for prevention, diagnosis, or treatment of a physical or behavioral health condition or injuries that are:

  • Unreasonable adverse effects on the environment means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.

  • Opiate means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section 124.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

  • Anaerobic digestion ’ means a controlled process involving microbial decomposition of organic matter in the absence of oxygen ;

  • Best Efforts the efforts that a prudent Person desirous of achieving a result would use in similar circumstances to ensure that such result is achieved as expeditiously as possible; provided, however, that an obligation to use Best Efforts under this Agreement does not require the Person subject to that obligation to take actions that would result in a materially adverse change in the benefits to such Person of this Agreement and the Contemplated Transactions.

  • Technically Feasible refers solely to technical or operational concerns, rather than economic, space, or site considerations.

  • Reasonable Best Efforts means best efforts, to the extent commercially reasonable.

  • medically approved means certified by a medical practitioner;

  • Non-Commercial means not intended for or directed towards commercial advantages or monetary compensation.

  • Impulsive sound means either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.

  • Independently procured insurance means insurance procured under Section 31A-15-104.

  • Medically Necessary means a service which is appropriate and consistent with the treatment of the condition in accordance with accepted standards of community practice.