Diagnostic Assay definition
Examples of Diagnostic Assay in a sentence
Purchaser will use commercially reasonable efforts to present and promote the CB-CAPS Diagnostic Assay at the American College of Rheumatology Scientific Meeting in November 2010.
All Sales Royalties for any Exclusive Clinical Diagnostic Assay sold by Chiron shall continue to be governed by Section 1.52.2. ***Certain information on this page has been omitted and filed separately with the Commission.
If any such Affiliate or Third Party has completed the First Phase of the Design Review Process of any such Nonexclusive Future Clinical Diagnostic Assay, Gen-Probe shall inform the Supervisory Board in the same manner as is set forth in Section 4.3.1(a).
CDS shall have the right to co-promote the Combo Clinical Diagnostic Assay, if sold by Chiron, the Initial Clinical Diagnostic Assay for the qualitative detection of HCV, and the Future Clinical Diagnostic Assays in Japan, China, Taiwan and Korea for use in the Clinical Diagnostic Field, provided that such co-promotion conforms with the marketing, product, pricing, and promotional strategy as determined by Chiron or the Major Distributor (provided that no such strategy shall preclude co-promotion).
With respect to Nonexclusive Future Clinical Diagnostic Assays sold by Gen-Probe to Chiron hereunder, within thirty (30) days after receipt of each shipment and invoice of Nonexclusive Future Clinical Diagnostic Assays from Gen-Probe, Chiron shall pay to Gen-Probe the Transfer Price for each Nonexclusive Future Clinical Diagnostic Assay purchased by Chiron or its Affiliates.
With respect to Exclusive Future Clinical Diagnostic Assays sold by Gen-Probe to Chiron hereunder, within thirty (30) days after receipt of each shipment and invoice of Exclusive Future Clinical Diagnostic Assays from Gen-Probe, Chiron shall pay to Gen-Probe the Transfer Price for each Exclusive Future Clinical Diagnostic Assay purchased by Chiron or its Affiliates.
If Chiron fails to elect to be bound by the minimum sales obligations as provided above or if Chiron fails to meet the minimum sales obligations set forth above for any year, then Chiron's exclusive rights under Section 4.1 above regarding such Initial Clinical Diagnostic Assay shall become co-exclusive.
Notwithstanding the foregoing, nothing herein shall require Chiron or its Affiliates to grant to a Third Party licensee of Gen-Probe any rights to promote, market or sell a Nonexclusive Future Clinical Diagnostic Assay developed by Chiron or its Affiliates; and nothing herein shall require a Third Party licensee of Gen-Probe to offer to Chiron any right to promote, market or sell any Nonexclusive Future Clinical Diagnostic Assay developed by such Third Party licensee.
Gen-Probe shall develop each Initial Clinical Diagnostic Assay in accordance with the applicable specifications and the applicable Development Program documents, and shall conduct such clinical trials and apply for and endeavor to obtain such regulatory approvals as necessary or appropriate to make and sell each such Initial Clinical Diagnostic Assay to be conducted by the Clinical Diagnostic Instruments in the Territory for use in the Clinical Diagnostic Field.
If Gen-Probe elects to manufacture or to have manufactured the Nonexclusive Future Clinical Diagnostic Assay, pursuant to the preceding sentence, Gen-Probe shall be obligated to supply Chiron with its requirements of such Nonexclusive Future Clinical Diagnostic Assay in accordance with Article 6.