Indirectly Competing Product definition

Indirectly Competing Product means a product, other than a Directly Competing Product, that is approved in the Licensed Territory for use in an indication not being the Primary Indication Disease and containing the Compound and Sulindac as active ingredients in a dosage of 375mg Compound and 75 mg of Sulindac (or ½, 1/3 or a whole number multiple of such doses); provided, however, that such product is not any Licensed Formulation, including an Interchangeable Formulation, for which an MA is obtained or that is Commercialized by or on behalf of CPP or its licensees within the Licensed Territory outside the Licensed Field in accordance with SECTION 2.6 (Right of First Negotiation for Fields of Use Outside the Licensed Field), it being understood that the sole basis for a royalty reduction in connection with such activity by or on behalf of CPP or its licensees is set forth in Subsections 2.6.3 (Distinct and Interchangeable Formulations) and 2.6.4 (Pediatric Cancers). Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 406 of the Securities Act of 1933, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission The Total Annual Net Sales Value attributable to Sales of Licensed Products in any country so affected will continue to be used in the calculation of the royalty thresholds above for determining the applicable earned royalty rates. The reduction of royalty rate shall be as follows: For Directly Competing Products: Significant Competition Event Reduction in Royalty Rate MA approval [*****] Product launch but no Pricing and Reimbursement approvals [*****] Product launch and Pricing and Reimbursement approvals [*****] If TILLOTTS believes that it is or may be entitled to a royalty reduction under this Subsection 5.5.3(b) based on a Directly Competing Product, then TILLOTTS shall provide CPP (a) prompt written notice of such belief, together with such information as TILLOTTS has in its possession with respect to the timing and amount of such anticipated reductions such that CPP may make appropriate and timely adjustments to its financial forecasts, and (b) for information purposes, any additional pertinent documentation with the next royalty rate calculation following the date the Disadvantageous Market Conditions began.
Sample 1
Indirectly Competing Product is defined in Subsection 5.5.3(b).
Sample 1

Related to Indirectly Competing Product

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Competing Product means […***…].

  • Competitive Products shall include any product or service that directly or indirectly competes with, is substantially similar to, or serves as a reasonable substitute for, any product or service in research, development or design, or manufactured, produced, sold or distributed by the Company;

  • Competitive Product means a product or service, made or provided by a Competitor, which is the same as or is directly competitive with one with respect to which the Employee acquired confidential information relating to the Company, or its business, products or services by reason of the Employee's work with the Company.

  • Competitive Activities means any business activities in which the Company or any other member of the Company Group engage (or have committed plans to engage) during the Term of Employment, or, following termination of Employee’s employment hereunder, was engaged in business (or had committed plans to engage) at the time of such termination of employment.

  • Assistive technology means the devices, aids, controls, supplies, or appliances described in OAR 411-300-0150 that are purchased to provide support for a child and replace the need for direct interventions to enable self-direction of care and maximize independence of the child.

  • Restricted Territory means any state, county, or locality in the United States in which the Company conducts business and any other country, city, state, jurisdiction, or territory in which the Company does business.

  • Competitive Business Activity means:

  • licensed activity means any activity set out in section 4 of this licence.

  • Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

  • Competitive Business means any firm, partnership, joint venture, corporation and/or any other Person, and/or any licensee of such entity, that develops, manufactures, markets, distributes, provides, offers, or sells any services or products substantially similar to First Party’s services or products.

  • licensed activities means things authorised to be done by the licence

  • Developed Technology means any Technology including, without limitation, any enhancements, substitutions or improvements to the Core Technology that is (a) discovered, developed or otherwise acquired by DURA pursuant to the terms of the Development Agreement or (b) otherwise acquired by or on behalf of Xxxxxx Corp. II during the term of the Development Agreement.

  • Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:

  • Competitive Activity will not include (i) the mere ownership of securities in any such enterprise and the exercise of rights appurtenant thereto or (ii) participation in the management of any such enterprise other than in connection with the competitive operations of such enterprise.

  • Competing Product or Service means any product or service that is sold in competition with, or is being developed and that will compete with, a product or service developed, manufactured, or sold by Fiserv. For purposes of this Section 5, Competing Products or Services as to you are limited to products and/or services with respect to which you participated in the development, planning, testing, sale, marketing or evaluation on behalf of Fiserv during any part of your employment with Fiserv, or after the termination of your employment, during any part of the 24 months preceding the termination of your employment with Fiserv, or for which you supervised one or more Fiserv employees, units, divisions or departments in doing so.

  • Competing Service means implementation, consulting, support, maintenance, development and/or training services relating to or in connection with the use of any Company Products or Competing Products.

  • Assistive Devices means any category of durable medical equipment, mechanical apparatus, electrical appliance, or instrument of technology used to assist and enhance an individual's independence in performing any activity of daily living. Assistive devices include the use of service animals, general household items, or furniture to assist the individual.

  • Licensed Field means all fields of use.

  • Qualified high-technology business means a business that is either of the following:

  • Licensed Service means a service provided using Licensed Products or Licensed Methods, including, without limitation, any such service provided in the form of contract research or other research performed by Licensee on behalf of a third party.

  • Protected Territory means the United States of America.

  • Assistive technology device means any item, piece of equipment, or product system that is used to increase, maintain, or improve the functional capacities of a child with a disability.

  • Licensed service area means the geographic area in which the home service provider is authorized by law or contract to provide commercial mobile radio service to the customer.

  • Restricted Territories means: (i) Cuba, Sudan, Iran, North Korea, Syria and the territory of Crimea / Sevastopol; and (ii) any other country or territory that is subject to sanctions by the United Kingdom, the European Union, the U.S, United Nations or elsewhere.

  • Licensed Nurse means an Oregon licensed practical or registered nurse.