Diligent Efforts definition
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 [***].
Diligent Efforts means the carrying out of obligations or tasks by a Party in a sustained manner using good faith commercially reasonable and diligent efforts, which efforts shall be consistent with the exercise of prudent scientific and business judgment in accordance with the efforts such Party devotes to products or research or development projects owned by it of similar scientific and commercial potential. Diligent Efforts shall be [ * ].
Examples of Diligent Efforts in a sentence
After receipt of Legend’s Purchase Orders for Lentivirus or JPI Supplied Components, JPI shall confirm to Legend if it accepts such Purchase Order; provided that JPI shall use Diligent Efforts to accept each such Purchase Order to the extent it is consistent with the Lentivirus Rolling Forecast or Product Rolling Forecast, as applicable, and use Diligent Effort to supply Lentivirus and JPI Supplied Components in accordance with such accepted Purchase Order.
JPI shall use Diligent Efforts to deliver, or cause to be delivered, GMP grade Lentivirus, Unprocessed Cells and JPI Supplied Components (collectively, the “JPI Supplied Inputs”) in accordance with the terms and conditions of this Agreement and the applicable Purchase Order to the Facility by the delivery date as set forth in a Purchase Order.
The Parties will take Diligent Efforts to cooperate in claiming refunds or exemptions from any such deductions or withholdings (including by providing all documentation required by any government authority or reasonably requested by either Party) under any relevant agreement or treaty to ensure that any amounts required to be withheld pursuant to this Section 6.6 are reduced in amount to the fullest extent permitted by Applicable Law.
Legend shall use Diligent Efforts to Produce Product in accordance with the Product Requirements, the Product Quality Agreement, and cGMP or any other Applicable Laws.
Promptly following the Effective Date, Legend shall use Diligent Efforts to obtain its own agreements with Directed Buy Suppliers [***] and, the JMC shall determine an appropriate transition plan to effectuate such transition to Legend [***].
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 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, 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 Fibrocell 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 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.