Second Product definition

Second Product has the meaning set forth in Section 4.2(a) (Milestone Events).

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Second Product means [***];

Second Product means a product that entails the continuous delivery for more than ten (10) days of a therapeutic agent for the treatment of the Initial Indication in the Territory.” 5. Section 2.5(a) of the Agreement is hereby amended to read in its entirety as follows: (a) During the Agreement Term, (i) Braeburn will not Promote, or permit its Affiliates to Promote, market or sell any product that entails the continuous delivery for more than ten (10) days of a therapeutic agent for the treatment of the Initial Indication in the Territory, or acquire, or permit its Affiliates to acquire, directly or indirectly any rights or interest in or to any such product that is being Promoted, marketed or sold in the Territory, other than Product licensed to Braeburn under this Agreement, unless Braeburn complies with the provisions of Section 6.2(c) hereof with respect to such product; and (ii) Titan will not Promote, or permit its Affiliates to Promote, market or sell any product that entails the continuous delivery of a therapeutic agent for the treatment of the Initial Indication in the Territory, or acquire, or permit its Affiliates to acquire, directly or indirectly any rights or interest in or to any such product that is being Promoted, marketed or sold in the Territory. 6. Section 6.1(b) of the Agreement is hereby amended to read in its entirety as follows:

Examples of Second Product in a sentence

• Notwithstanding the foregoing, in the event that Customer receives a serviced Product back from X-Rite (the “First Product”) and has another Product to be serviced (the “Second Product”), Customer may retain the Loaner for use while the Second Product is being serviced by X-Rite, as long as the as Customer obtains an RMA for the Second Product in accordance with Section 1 above and ships the Second Product to X-Rite within three days from receipt of the First Product by Customer.

• With respect to such royalties, (i) Section 6.4 (Reports and Payments), 6.5 (Taxes), and 6.6 (Audits) shall apply to the royalties on net sales of the Second Product to the same extent such Sections apply to Net Sales of Licensed Products, and (ii) net sales of the Second Product shall be determined in a manner consistent with the determination of Net Sales of Licensed Products.

• For clarity, with respect to each Milestone, a Second Product Milestone cannot be triggered by a Licensed Product containing the same Compound that achieved the respective First Achievement Milestone, even if for a different indication.

• This Section 8.8 shall be in effect until such time as DexCom has paid to Verily all of the Milestone Payments set forth in Section 8.2.1. DexCom shall, and shall cause its Affiliates and Third Parties acting on their behalf or under their authority, to keep full and accurate books and records regarding the sales of the First Product, Second Product, Third Product and any Additional Products and/or Alternative Product.

• The Parties hereby agree and stipulate that, as of the Effective Date, a compromise settlement amount is owed by Corium to Actavis, in the amount of [*]in connection with, and in full settlement of any claims related to, both the Product Recall and Second Product Recall (the “Settlement Amount”).

More Definitions of Second Product

Second Product shall have the meaning set forth in Exhibit 1.29.

Second Product means a […***…] developed using the same version of the […***…] as the […***…], which implements the same design as the First […***…], except with full […***…] of all […***…] consistent with the First […***…] requirements (including but not limited to […***…]), and which is functional. For the avoidance of doubt, the Second Product shall include a […***…] that implements the same […***…] as the […***…] in the First […***…]. “[…***…]” means a […***…], prepared by Parent prior to delivery of the Second Product in […***…], that will be used to determine the Second Product Performance Specifications. The […***…] will contain space available for the Company to insert the following structures: (a) […***…] intended to be used on the Second Product; (b) […***…] intended to be used on the Second Product; (c) […***…] intended to be used on the Second Product; (d) […***…] related structures; (e) […***…] (to be defined) for […***…] that will be achievable on the Second Product; and (f) other Second Product structures to be determined by Parent and the Company by the end of the quarter ending […***…].

Second Product means the [***]. 1. 111 “[***]” means [***] in subject matter consisting of: (a) [***], (b) [***], (c) [***], (d) [***], (e) [***], or (f) any combination thereof.

Second Product means the second Product to be sold in a Commercial Sale.

Second Product means a […***…], which is a part of the First Product that meets the First Product Milestone, and which includes […***…].

Second Product means [***] (a) [***] and (b) a [***], in each case (a) and (b) meeting those Specifications established in accordance with Section 3.2.2 and Developed pursuant to the [***] (including any modifications or updates therefor made in accordance with this Agreement).

Second Product means the first New Product developed pursuant to this Agreement, which the parties intend to be a test cards similar to the first Product, provided that such product would be designed to measure either (i) a marker other than osmolarity, or (ii) both osmolarity and one other additional marker: