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.
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).
Third Product means that one of the Products sold third by XXXX. Appointment and Grant IT hereby appoints XXXX 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 XXXX options to extend the Territory to include the country of Japan subject to the payment by XXXX 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 XXXX 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 XXXX 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 XXXX 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 XXXX decline said offer. Upon acceptance by XXXX, the Further Products shall be deemed to be Products. Consideration The consideration to be paid by XXXX 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...

Examples of Third Product in a sentence

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

  • 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.

  • 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.

  • 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.

  • 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 “[***]”).

  • The order of ranking or importance in the evaluation shall be as follows: First: Qualifications, Past Performance, Relevant Experience and Project Approach – see Proposal Narrative/Technical and Management Area Section II – Item 2.5 Second: Price – see Price Area Section II – Item 2.6 Third: Product and Project Schedule – See Product and Schedule Area Section II – Item 2.7 Fourth: Proposal Presentation Area Section II – Item 2.8 Exceptions and Insurance areas will be scored as pass or fail.

  • Second paragraph of Section 7.4.1, Visits 3, 5 and 7 – First, Second and Third Product Use End Visits (PUEV): Barring any technical or connectivity issues, Pparticipants at sites with capacity will complete brief, weekly short SMS/IM assessments about their product use and RAI behaviors during each 4- week product use period.

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

  • Restatement of Torts (Third): Product Liability § 402A; see also Latin, supra note 51passim.


More Definitions of Third Product

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.

Related to Third Product

  • Licensed Product means a product, method or service in the Licensed Field of Use, the making, having made, using, importing or selling of which, absent this license, infringes, induces infringement, or contributes to infringement of a Licensed Patent.

  • 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.

  • Third Party Products means the Third Party Software and Third Party Hardware.

  • End product means those articles, materials, and supplies to be acquired under the contract for public use.

  • Hemp products means all products made from industrial hemp,

  • New Products means any product which is not an Enhanced Product or 2 Existing Product but which is substantially similar to an Existing Product with respect to design and function and possesses reasonable performance improvements. If Company desires to purchase an Enhanced or New Product(s) from Supplier, Company shall so notify Supplier and provide Supplier the opportunity to manufacture such Enhanced or New Product(s), subject to the following conditions and procedures.

  • Product means any deliverable under the Contract, which may include commodities, services, technology or software.

  • Licensed Field means all fields of use.

  • Licensed producer means a person or entity licensed to produce medical cannabis.

  • Diagnostic Product means any test or assay for diagnosing or detecting a disease, disorder, medical condition, or symptom.

  • Licensed Fields of Use means the fields of use identified in Appendix B.

  • End Products as used in this clause, means those articles, materials, and supplies to be acquired for public use under this contract.

  • Cannabis product means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

  • Marijuana product means marijuana as defined in 50-32-101 and marijuana-infused products

  • Competing Product means […***…].

  • Generic Product means any pharmaceutical product that (i) is sold by a Third Party that is not an Affiliate or licensee of Buyer and (ii) (a) contains the same active pharmaceutical ingredient as the Product or (b) is categorized by the applicable Governmental Entity in a country to be therapeutically equivalent to, or interchangeable with, the Product, such that the pharmaceutical product may be substituted for the Product at the point of dispensing without any intervention by the prescribing physician in such country.

  • Drug Product means a specific drug in dosage form from a known source of manufacture, whether

  • Competing Products means any product or service in existence or under development that competes with any product or service of the Company Group about which the Participant obtained Confidential Information or for which the Participant provided advisory services or had sales, origination, marketing, production, distribution, research or development responsibilities in the last twenty-four (24) months of employment with the Company Group.

  • Licensed Field of Use means all fields.

  • Biological product means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein other than a chemically synthesized polypeptide, or analogous product, or arsphenamine or any derivative of arsphenamine or any other trivalent organic arsenic compound, applicable to the prevention, treatment, or cure of a disease or condition of human beings.

  • Collaboration Product means a pharmaceutical product containing or comprising Compound in any dosage form alone, or in combination with, one or more other pharmaceutically active ingredients, and any and all Improvements thereto.

  • Covered Products means Your Applications, Libraries, Passes, Safari Extensions, Safari Push Notifications, and/or FPS implementations developed under this Agreement.

  • Licensed Compound means [***].