Diligent Efforts definition

Diligent Efforts means [***].

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.

Diligent Efforts means, with respect to the efforts to be expended by each Party, active and sustained efforts to conduct the applicable activity, or to attempt to achieve the applicable requirement or goal, in a prompt and expeditious manner, as is reasonably practicable under the circumstances and the terms of this Agreement.

Examples of Diligent Efforts in a sentence

• In such case, the Breaching Party will use Diligent Efforts to cure such breach in accordance with such written plan during the applicable Cure Period.

• Following the delivery of the Milled API Inventory to Xxxxxxx after the Effective Date pursuant to Section 2.2.1(b)(ii) and the completion of the Manufacturing technology transfer described in Section 2.2.2 with respect to the Manufacturing process for the Licensed Product drug product, Xxxxxxx will use Diligent Efforts to Manufacture or have Manufactured Licensed Product drug product and placebo tablets in at least the quantities set forth on Schedule 2.2.3(b)(ii) (the “Initial Manufacturing Activities”).

• The Parties will conduct the activities set forth in the Reversion Plan and will use Diligent Efforts to conduct such activities in accordance with the timelines set forth in the Reversion Plan (which will be consistent with the timelines set forth in this Section 10.5.2).

• Commencing upon the Closing Date and continuing until the earlier of (x) with respect to a given Milestone, the relevant Milestone Deadline Date and (y) the achievement of all Milestones, Purchaser shall, and shall cause its controlled Affiliates to, use Diligent Efforts to achieve the Milestones.

• If Licensor makes such a request, Xxxxxxx will use Diligent Efforts to deliver EXW (Incoterms 2020) the manufacturing facility, to Licensor or Licensor’s designee, Licensed Product drug product and placebo tablets in the quantities set forth on Schedule 2.2.3(b)(iv), or such lesser quantities as may be set forth in such written request, promptly following the Manufacture thereof (or, if later, promptly following Licensor’s request under this Section 2.2.3(b)(iv)).

More Definitions of Diligent Efforts

Diligent Efforts means, with respect to a Party’s obligation under this Agreement, the level of efforts and resources reasonably required to diligently develop, manufacture, and/or Commercialize (as applicable) each Oragenics Product in a sustained manner, consistent with the efforts and resources a similarly situated company working in the Field would typically devote to a product of similar market potential, profit potential, strategic value and/or proprietary protection, based on market conditions then prevailing. With respect to a particular task or obligation, Diligent Efforts requires that the applicable Party promptly assign responsibility for such task and consistently make and implement decisions and allocate resources designed to advance progress with respect to such task or obligation.

Diligent Efforts means, with respect to specific obligations of a Party under this Agreement, carrying out such obligation using reasonably sustained efforts at a level at least comparable to those efforts and resources commonly used by a similarly situated company in its industry for a comparable product or program, acting reasonably promptly and taking into account commercially relevant factors such as (as applicable) stage of development, product life, patent position, strategic value, profit and market potential, and regulatory issues.

Diligent Efforts means, with respect to Ambrx’s obligations under this Agreement, the carrying out of such obligations or tasks with a level of effort and resources consistent with the commercially reasonable practices normally devoted by a biotechnology company, subject to and in accordance with the terms and conditions of this Agreement.

Diligent Efforts means those efforts and resources reasonably and normally used in the development and commercialization by major pharmaceutical companies for a product that is of similar market potential, at a similar stage in its development or product life, and that has a similar potential market opportunity as the applicable Product, taking into account issues of safety, efficacy, target product profile and proprietary position of the Product, and other relevant regulatory, scientific, technical, business, marketing, and commercial factors.

Diligent Efforts means the carrying out of obligations in a sustained manner consistent with the efforts a party would be expected to devote (and which in no event shall be less than the level of effort and resources standard in the pharmaceutical industry for a company similar in size and scope to such party) to a lead product of similar market potential, profit potential or strategic value resulting from its own research efforts, based on conditions then prevailing, in respect of a Core Indication. Without limiting the foregoing, Diligent Efforts in all cases requires at least that (i) each Party promptly assigns responsibility for such obligations to specific employee(s) who are held accountable for progress and monitor such progress on an ongoing basis; (ii) each Party sets and consistently seeks to achieve specific and meaningful objectives for carrying out such obligations; and (iii) each Party consistently makes and implements decisions and allocates resources designed to advance progress with respect to such objectives.

Diligent Efforts means, with respect to a Party’s obligation under this Agreement, the level of efforts and resources reasonably required to diligently develop, manufacture, and/or Commercialize (as applicable) an Ampliphi Product in a sustained manner, consistent with the efforts and resources a similarly situated company working in the Field would typically devote to a product of similar potential, taking into account all relevant factors including market potential, profit potential, strategic value and/or proprietary protection, competition, regulatory risk and manufacturing feasibility, all based on market conditions then prevailing. With respect to a particular task or obligation, Diligent Efforts requires that the applicable Party promptly assign responsibility for such task and consistently make and implement decisions and allocate resources designed to advance progress with respect to such task or obligation.

Diligent Efforts means, with respect to the Product, efforts of a Person to carry out its obligations, and to cause its controlled Affiliates and Product licensees, if any, to carry out their respective obligations, using such efforts and employing such resources normally used by Persons in the pharmaceutical business similar in size and resources to Parent relating to seeking regulatory approval for a product candidate or commercialization of an approved product that is of similar market potential at a similar stage in its development or product life, taking into account issues of market exclusivity, product profile, including efficacy, safety, tolerability and convenience, the competitiveness of alternate products in the marketplace or under development, the availability of existing forms or dosages of the Product for other indications, the launch or sales of a generic or biosimilar product, the regulatory environment and the profitability of the Product (including pricing and reimbursement status) and other relevant considerations, including technical, commercial, legal, scientific and/or medical factors.