Product CMO definition
Examples of Product CMO in a sentence
With respect to the initial Product CMO, 3M represents and warrants that the contract between 3M and the Product CMO will be assignable to RADIUS in accordance with this Agreement.
RADIUS acknowledges that [*], which [*] shall use Commercially Reasonable Efforts to [*]; provided, however, that [*] shall provide periodic updates to RADIUS regarding the progress and completion of [*], and in the event [*] despite using such Commercially Reasonable Efforts, then [*] may elect, at its sole cost and discretion, to order the first [*], which will include an [*], and [*] for Manufacture of the Product at the Product CMO.
Except as otherwise provided in this ARTICLE 5, and not including the right to produce Cell Free Extract (which shall be governed by Section 5.6), Merck shall have the exclusive right to manufacture the Product itself or through one or more Affiliates or Sublicensees or other Third Parties selected by Merck (including, at Merck’s election, an existing Product CMO).
Prior to First Commercial Sale, in the event RADIUS anticipates that its launch quantities will be less than the minimum quantity shown in the pricing table in Exhibit D, RADIUS shall promptly notify 3M and 3M shall make Commercially Reasonable Efforts to work with the Product CMO to minimize any costs due to such volumes below the minimum.
Licensee will not be required to pay royalties to Gilead for the provision of Licensed API to a Limited Sublicensee or Product CMO, provided however, that any subsequent sale or transfer of Product incorporating such API shall be royalty-bearing in accordance with the terms and conditions set forth in this Agreement, including without limitation Article 4.
ObsEva shall use [*] to ensure that ObsEva’s agreements with the Licensed Product CMO are consistent with such terms, provided that in the event ObsEva and the Licensed Product CMO are unable to mutually agree to include such terms, the Parties will discuss in good faith any necessary amendments to Schedule 5.3(a) prior to ObsEva entering into an agreement or work order or similar arrangement with any such Licensed Product CMO.
All Compound in the custody of the Product CMO will be and remain the exclusive property of RADIUS at all times.
In the event that 3M or the Product CMO elects to utilize the [*], then within thirty (30) days of such election, 3M shall provide written notice to RADIUS of such election and [*] (such costs, “Reimbursable Costs”), and proportional to the additional anticipated [*].
With respect to each Limited Sublicensee and Product CMO, Licensee shall include the following information in the notice delivered to Gilead pursuant to Section 3.6(a) for such Limited Sublicensee or Product CMO: (i) the name of such Limited Sublicensee or Product CMO and (ii) each country in the Territory where such Limited Sublicensee or Product CMO will manufacture Product on behalf of Licensee.
Unless otherwise agreed by the JSC, SGI shall continue to use the Existing Product CMOs for the Manufacturing of the Product in the Major Markets for the remaining terms of such Existing Product CMO Agreements.