Diverted Product definition
Examples of Diverted Product in a sentence
BRP will not divert Product or knowingly purchase and resell Diverted Product.
Licensee will cooperate with and assist Gilead in investigating incidents of suspected or confirmed Counterfeit Product or Diverted Product pursuant to Section 6.1(a), including efforts to prevent unauthorized exports and resale of Product outside Licensee’s authorized supply chain and outside the applicable country in the Territory and providing Gilead with any applicable Customer information reasonably requested by Gilead.
Licensee will report to Gilead any incidents of confirmed Counterfeit Product or Diverted Product within 24-hours.
In the event that Access learns or is notified that the Device is being imported into the Territory by any Third Party to whom Access or any of its Affiliates have directly or indirectly supplied Device without prior written authorization from AMAG (“Diverted Product”), Access and its Affiliates shall take such actions as are necessary to cease such importation, including by terminating agreements with any Third Party involved in the purchase, sale or distribution of such units of Diverted Product.
If MITEK reasonably believes that Diverted Product is being marketed or used in the United States of America, and has caused financial loss to MITEK of at least [***], MITEK shall promptly notify ANIKA of such belief, and provide ANIKA with a written description of the basis for MITEK’s belief.
Should any Product that Eversana knows to be Diverted Product come into Eversana's possession, Eversana shall immediately deliver such Diverted Product to Evoke.