Product Development Activities definition
Examples of Product Development Activities in a sentence
The Receiving Party may disclose the Disclosing Party’s Confidential Information (without the Disclosing Party’s prior written permission) if such disclosure is made to officers, employees, or advisors of any Regulatory Authorities for the purpose of performing Product Development Activities, submitting Regulatory Filings for the Program, or obtaining Marketing Approval for the Product.
When and if Vivint Solar determines that the Product Development Activities have been sufficiently completed, including such testing and debugging of the Products as the Parties shall undertake as part of the Product Development Activities, that Vivint Solar desires to commence ordering Products under this Agreement, Vivint Solar shall provide written notice of such determination (“Notice of Acceptance”).
During the Term: (a) Vivint Solar will use Good Faith Efforts to install Products in residences at which Vivint Solar installs a Project and correspondingly purchase such Products from Vivint under this Agreement; and (b) Vivint will use Good Faith Efforts to install Products that have been developed in connection with the Product Development Activities in each residence at which it performs Vivint Services.
The Development Project Leaders will meet as necessary to manage the Product Development Activities.
All of the Vivint Solar Materials and all other Intellectual Property Rights owned or controlled by Vivint Solar as of the Effective Date or developed or acquired by Vivint Solar or its Subsidiaries after the Effective Date outside of the Product Development Activities performed under this Agreement (“Vivint Solar Background IP”) will be owned exclusively by Vivint Solar.
During the Term, Vivint shall not discontinue production of a Product that has been developed as part of the Product Development Activities without Vivint Solar’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed.
Vivint’s Development Project Leader will provide Vivint Solar’s Development Project Leader with reports on the status of the Product Development Activities at least once every calendar quarter during the Term.
Notwithstanding Vivint Solar’s delivery of a Notice of Acceptance and purchase of Products, the Product Development Activities may continue as the Parties mutually deem necessary or appropriate.
Vivint Solar shall pay Vivint for Vivint’s Fully Loaded Costs it incurs in connection with Vivint’s performance of its Product Development Activities, without markup.
Each Party will designate a single point of contact within its organization to manage that Party’s respective Product Development Activities (each, a “Development Project Leader”), and the Development Project Leaders designated by each Party as of the Effective Date are set forth in Exhibit A.