Generic Intrusion definition

Generic Intrusion means, on a jurisdiction-by-jurisdiction basis, the launch in such jurisdiction in the Territory in the Field of an extended release injectible bupivacaine referencing any Drug Approval Application which is deemed bioequivalent or directly substitutable to the Licensed Product by a Regulatory Authority in the respective jurisdiction of the Territory.
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Generic Intrusion means, with respect to a Product in a particular country in the Territory (the “Reference Product”), when the Generic Products have, in the aggregate, achieved more than [***] percent ([***]%) of the market share in such country by unit volume (based on data provided by a reliable Third Party data source mutually agreed by the Parties) of combined unit sales of the Reference Product and all Generic Products. 165301880
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Examples of Generic Intrusion in a sentence

  • In the event the Parties are unable to reach agreement on a possible modification to the terms of this Agreement or the Amended Supply Agreement after a [***] calendar day period of good faith negotiations, Aratana may terminate this Agreement in such country with a Generic Intrusion upon [***] calendar days’ written notice to Pacira.

  • If, on a country-by-country and Product-by-Product basis, at any time during the Royalty Term, Generic Intrusion occurs in a given country with respect to a Product, then the Marginal Royalty Rates used to calculate Royalties for such Product in such country shall be reduced by [***] percent ([***]%) for so long as such Generic Intrusion exists in such country.

  • Following Generic Intrusion in the Territory by a Third Party and considering the recommendation of the JCCC pursuant to Section 3 hereof, the Parties shall discuss whether it is commercially reasonable for Pacira to continue to supply, and for Aratana to continue to sell, Licensed Product in such country with a Generic Intrusion.