NUMAX definition
Examples of NUMAX in a sentence
For clarity, if ▇▇▇▇▇▇’▇ rights to NUMAX are terminated or expire in one or more countries in accordance with this AGREEMENT, the license to use such TRADEMARKS for NUMAX in such countries shall also terminate and thereafter MEDIMMUNE shall not be restricted in any manner from using such TRADEMARKS in such countries.
Notwithstanding the foregoing, during the period of conversion of the market to the liquid formulation of SYNAGIS or to NUMAX, ▇▇▇▇▇▇ shall, upon prior approval of the Manufacturing Steering Committee, be entitled to order less than the Minimum Order Quantity.
MEDIMMUNE and ▇▇▇▇▇▇ shall, through the DEVELOPMENT COMMITTEE, jointly coordinate the best regulatory approach and filing strategy necessary to assure the successful submission and approval of NUMAX and the liquid formulation of SYNAGIS in the TERRITORY.
The costs and expenses of any RECALL of NUMAX in the TERRITORY shall be borne by either ▇▇▇▇▇▇, MEDIMMUNE, or both, in proportion as such RECALL is required as a result of MEDIMMUNE’s or ▇▇▇▇▇▇’▇ breach of their obligations hereunder and if no such breach or responsibility can be so allocated, then the PARTIES shall share the cost of such RECALL equally.
If a POST-LAUNCH OPTION is exercised, MEDIMMUNE shall have the right to provide up to [***] of the sales/promotional effort for NUMAX in the selected country, to be reimbursed by ▇▇▇▇▇▇ at the FTE RATE (such countries may be in addition to the any countries selected upon exercise of the CO-PROMOTION OPTION described in Section 9.1 so, for clarity, MEDIMMUNE will have a total of seven (7) CO-PROMOTION OPTIONS and POST-LAUNCH OPTIONS in the aggregate).
Notwithstanding the foregoing, in the event that the PHASE III CLINICAL TRIAL is ongoing on or after [***] and NUMAX has not been approved in at least [***] of the MAJOR MARKETS, then at any time after [***], subject to the limitation in Section 3.4(b), ▇▇▇▇▇▇ shall have the sole discretion to declare a REVERSION EVENT upon ninety (90) days written notice to MEDIMMUNE.
Notwithstanding anything to the contrary, Software is licensed to Reseller under this Section 7.1 on an “AS-IS” basis without warranty of any kind, express or implied.
Notwithstanding the foregoing sentence, in the event that MEDIMMUNE discontinues the [***] on or prior to [***] other than for reasons associated with the safety or efficacy of NUMAX, then MEDIMMUNE hereby agrees to conduct one or more pre-approval clinical trials proposed by ▇▇▇▇▇▇ and approved by the DEVELOPMENT COMMITTEE.
The PARTIES hereby agree and confirm that the term “PRODUCT” does not include NUMAX and that, except to the extent failure to obtain marketing approval of NUMAX triggers certain obligations of MEDIMMUNE under Section 2.9, nothing in the Agreement (as amended by this THIRD AMENDMENT) grants ABBOTT any rights nor requires any obligations whatsoever with respect to NUMAX in the TERRITORY.
MEDIMMUNE shall have three (3) options (each, a “CO-PROMOTION OPTION”), each to co-promote NUMAX in one (1) country in the TERRITORY, excluding Japan, with at least twelve (12) months prior written notice to ▇▇▇▇▇▇.