By Endo. Endo represents and warrants to SkyePharma that Endo will adhere to Specifications and all applicable laws relating to the handling, storage and disposal of the Products.
By Endo. Every six (6) months following the Effective Date, Endo shall provide EpiCept a written report summarizing the efforts and accomplishments of Endo, its Affiliates and its sublicensees during the preceding six (6) month period in developing and commercializing the Endo BP Product and, after Regulatory Approval has been received for the LidoPAIN(R) BP Product, in commercializing the LidoPAIN(R) BP Product and their development and commercialization plans, as applicable, for the subsequent six (6) month period. Such reports shall include, without limitation, summaries of scientific and clinical data obtained in furtherance of Endo's attempts to develop and commercialize Licensed Products as required hereunder and a showing of compliance with Endo's obligations under Section 3.3(b) above.
By Endo. Except as specifically provided herein or as otherwise mutually agreed upon by the Parties, Endo shall be responsible for conducting all clinical studies, development and commercialization activities for the Endo BP Product in the North American Territory and all commercialization activities for the LidoPAIN(R) BP Product in the Territory. Endo shall use Commercially Reasonable Efforts to develop and commercialize the Endo BP Product in the North American Territory and to commercialize the LidoPAIN(R) BP Product in the Territory. Endo shall have sole discretion in determining in which countries it will file for Regulatory Approvals of the Endo BP Product and in which countries it will commercialize the Endo BP Product in the Territory. Subject to Section 3.4 herein, Endo shall commercialize the LidoPAIN(R) BP Product in the United States within six (6) months from the date on which LidoPAIN(R) BP Product receives Final Regulatory Approval in the United States so long as EpiCept shall have supplied Endo with quantities of the LidoPAIN(R) BP Product sufficient to commercially launch the Product as set forth in Endo's committed forecast delivered pursuant to the Supply Agreement. With respect to those countries outside the United States in which EpiCept has obtained Final Regulatory Approval of the LidoPAIN(R) BP Product. Endo shall, either through a Marketing Partner(s) or on its own, commercialize the LidoPAIN(R) BP Product in each such country within *** from the date on which LidoPAIN(R) BP receives Final Regulatory Approval in the United States.
By Endo. Endo shall indemnify, defend and hold harmless SkyePharma and its Affiliates, Sublicensees and Subcontractors, and their respective directors, officers, employees and agents, from and against any and all Damages arising out of or resulting from:
By Endo. Endo represents and warrants to BDSI as of the Effective Date and as of the Closing Date that, except to the extent set forth on Schedule 10(b) (with reference to the applicable clause below for each disclosure therein):
