Third Product definition

Third Product means the [***], if any, developed pursuant to Section 3.1.1, as such [***] may be updated or upgraded. For the avoidance of doubt, all references to Third Product in this Agreement, except for the restrictive covenant set forth in Section 3.1.1, shall apply if and only if DexCom elects to proceed with Third Product development as set forth in Section 3.1.1 and shall otherwise have no effect in this Agreement.
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Third Product means an [***] (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).
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Third Product means the third in a succession of three (3) different Products that (a) are covered by a Valid Claim in a Major Country and (b) ProCyte or its Affiliate or sublicensee has introduced to the market in the Major Country after receiving regulatory approval to market in the Major Country.
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Examples of Third Product in a sentence

  • Except for the amounts payable to Verily by DexCom under Sections 8.1 and 8.2 above, no other amounts shall be payable to Verily in connection with the First Product, Second Product, Third Product, any Additional Product, or the Verily Services.

  • Subject to oversight and review of the Executive Sponsors, Verily and DexCom shall conduct a program to Develop the Second Product and, at DexCom’s option in accordance with Section 3.1.1, the Third Product, in each case, on a collaborative basis and in accordance with the [***] (the “[***]”).

  • Product deadlines in the Third Product Supplement shall be deemed Product Deadlines under this Agreement.

  • During the Term, if Verily desires to Develop any [***] other than the First Product, Second Product, and Third Product), then, before commencing [***], Verily shall notify DexCom in writing and shall include with such notice [***] which shall set forth the Parties’ respective roles and responsibilities with respect to the Development of such [***] (“Proposed Additional Product Supplement”).

  • At least nine (9) months in advance of the Launch of the Third Product and each Additional Product, DexCom shall propose and submit to the Executive Sponsors an initial Commercialization Plan for such Product in the Territory.

  • 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.

  • Commencing on the Effective Date, DexCom shall cooperate with Verily in good faith, and shall make its personnel available for discussion with Verily upon ▇▇▇▇▇▇’s reasonable request, for purposes of evaluating and drafting Third Product requirements.

  • In the event IDT shall fail to so notify QED or shall fail to timely fund the Second and/or Third Product, as applicable, then QED shall, by notice to IDT and IDT's failure to cure within ten days of receipt of such notice, have no obligation to develop such Second and/or Third Product.

  • Such additional products are hereinafter referred to as the "Second Product" and "Third Product" respectively, and as the "Additional Products" collectively.

  • In the event of any such license to a third party, provided IDT shall have paid not less than 50% of the NRE required to be paid by IDT hereunder for such Additional Second or Third Product, then IDT shall have the nonexclusive right to make, to have made, to use, and to sell such unfunded Second and/or Third Products at a unit royalty rate no less favorable than that payable by such third party.


More Definitions of Third Product

Third Product means that one of the Products sold third by ▇▇▇▇. Appointment and Grant IT hereby appoints ▇▇▇▇ as its exclusive distributor during the term of this Agreement to use and sell the Products, in the Territory, subject to and upon the terms of this Agreement. IT also hereby grants to ▇▇▇▇ options to extend the Territory to include the country of Japan subject to the payment by ▇▇▇▇ to IT of an additional two hundred thousand US dollars ($200,000) and thereafter or at the same time to extend the Territory to include the continent of Europe subject to the payment by ▇▇▇▇ to IT of an additional one million US dollars ($1,000,000) and thereafter or at the same time to extend the Territory to include the rest of the world which Territory would then become world-wide subject to the payment by ▇▇▇▇ to IT of an additional two hundred thousand US dollars ($200,000) such options to subsist for the period until and including June 30th, 1995. IT also hereby grants to ▇▇▇▇ the right of first refusal, for a period of two (2) calendar months from the date of first offer in writing by IT, to an exclusive distributorship during the term of this Agreement to use and sell woundcare products fabricated from the Specified Alginate in any other format and/or in any other combination with any other component or product (the "Further Products"), in the Territory subject to and upon the terms of this Agreement. The terms of such an offer pursuant to Clause 2.3 shall be set by IT but said offer shall not be on worse terms than those that may form the basis of a subsequent offer to a third party should ▇▇▇▇ decline said offer. Upon acceptance by ▇▇▇▇, the Further Products shall be deemed to be Products. Consideration The consideration to be paid by ▇▇▇▇ to IT for the rights granted hereunder shall be the sum of one million US dollars (S1,000,000) (the "Licence Fee"). The Licence Fee shall be paid as to:- Five hundred thousand US dollars ($500,000) in cash within seven (7) days after the Effective Date ; and One hundred and fifty thousand US dollars ($150,000) in cash within seven (7) days after the Date of Commercialisation of the First Product within any one or more Geographic Area(s) of the Territory; and One hundred and fifty thousand US dollars ($150,000) in cash within seven (7) days after the Date of Commercialisation of the Second Product within any one or more Geographic Area(s) of the Territory; and Two hundred thousand US dollars ($200,000) in cash within seven (7) days after...
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Related to Third Product

  • Licensed Product means any pharmaceutical product containing a Licensed Compound (alone or with other active ingredients), in all forms, presentations, formulations and dosage forms.

  • Licensed Products means tangible materials which, in the course of manufacture, use, sale, or importation, would be within the scope of one or more claims of the Licensed Patent Rights that have not been held unpatentable, invalid or unenforceable by an unappealed or unappealable judgment of a court of competent jurisdiction.

  • Third Party Product means a product (whether hardware, software or services) supplied to you by a third party;

  • New Product means the Synology-branded hardware product and Synology-branded accessories contained in the original packaging Customer bought from an authorized Synology distributor or reseller. You may see our “New Product” at Product Support Status.

  • Hemp product means the same as that term is defined in § 3.2-4112.