Commercialization Expenses. As between the Parties, MedCo shall bear all costs and expenses incurred in connection with the Commercialization of Licensed Products in the Territory.
Commercialization Expenses. As between the Parties, Astellas will book (directly itself or indirectly through any of its Affiliates and Sublicensees) all sales of Products and will have the sole responsibility for the sale, invoicing, promotion, and distribution of the Product in the Territory. Astellas will be solely responsible for all of its Commercialization expenses.
Commercialization Expenses. The Parties shall share all Commercialization Expenses for Commercialization Activities that are incurred by the Parties in accordance with each Product Work Plan, according to the Profit Share Percentage.
Commercialization Expenses. The Parties agree that the JV shall bear all JV Expenses incurred by each of Gilead and BMS in connection with the performance of its respective Commercialization Activities to the extent that they meet all of the following criteria (“Authorized Commercialization Expenses”): (a) such Commercialization Activities are covered in and consistent with the Commercialization Plan and are within an area of responsibility for the relevant Member Party listed in the Commercialization Budget as being chargeable to the JV; (b) the total expenses for that Member Party’s designated activities under the Commercialization Plan for the relevant period to the extent that they do not exceed the aggregate amount set forth in the Commercialization Budget for such activities in that period by more than [*]; (c) the expenses are external, out-of-pocket costs of Gilead or BMS, without any markup, and not internal costs, including, without limitation, internal costs incurred in [*]; and (d) the relevant Commercialization Activities are for the Marketing of the Combination Product only and not for the Marketing of any other proprietary products of Gilead or BMS. Notwithstanding the limitation contained in clause (d) above, in the event that either Member Party reasonably believes that there are cost or other efficiencies that the JV can reasonably be expected to achieve through one or both Member Parties’ conducting Commercialization Activities with respect to the Combination Product as part of, or in coordination with, activities being conducted by one or both Member Parties with respect to its or their Single Agent Product(s) and/or Double Agent Product, such Member Party(ies) may propose, by and through its JCC member(s), that such activities be coordinated and an appropriate and reasonable allocation of the related costs be made between the Combination Product, on the one hand, and such other product or products, on the other hand, and that the amount allocated to the Combination Product be treated as Authorized Commercialization Expenses (each such proposal, a “Cost Allocation Proposal”). If, and only to the extent that, such Cost Allocation Proposal is reviewed by the JFC and JCC pursuant to Sections 2.5(b)(vii) and 2.4(b)(viii), respectively, and approved by the JEC pursuant to Section 2.2(ix) (with any modifications made by the JEC), the amount approved by the JEC for allocation to the Combination Product (any such approved costs, “Allocated Costs”) shall constitute Authori...
Commercialization Expenses. Duramed shall bear all costs in connection with the Commercialization of Collaboration Products in the Duramed Territory. Shire shall bear all costs in connection with the Commercialization of Collaboration Products in the Shire Territory.
Commercialization Expenses. Licensee shall bear all expenses incurred related to the Commercialization of Products in the Field in the Territory, including, but not limited to, the marketing, strategy, pricing, promotion, physician targeting, reimbursement, branding, Manufacturing, supply, distribution and sale of the Product in the Field in the Territory.
Commercialization Expenses. Licensee shall bear all expenses incurred related to the Commercialization of Products in the Field in the Territory, including, but not limited to, the marketing, strategy, pricing, promotion, physician targeting, reimbursement, branding, Manufacturing, supply, distribution and sale of the Product in the Field in the Territory. Takeda shall bear all expenses incurred related to the Commercialization of Products in the Field outside the Territory, including the marketing, strategy, pricing, promotion, physician targeting, reimbursement, branding, Manufacturing, supply, distribution and sale of the Product in the Field outside the Territory.
Commercialization Expenses. As between the Parties, Partner will book (directly itself or indirectly through any of its Affiliates and Sublicensees) all sales of Products and will have the sole responsibility for the sale, invoicing, promotion, and distribution of the Product in the Territory. Partner will be solely responsible for all Commercialization expenses, including without limitation, selling expenses, or other direct and indirect costs and expenses associated with marketing, shipping, packaging, storage and distribution of the Product for Commercialization in the Field, costs of warehousing, transportation, order entry, billing, shipping, credit and collection and other such activities in connection with Product distribution; costs for preparing and reproducing detailing aids, Product promotional materials and other promotional materials, costs of professional education, product related public relations, relationships with opinion leaders and professional societies, market research (before and after product approval), healthcare economics studies, Phase IV clinical trials, and other similar activities directly related to the Products and, in each case, the cost of activities related to obtaining reimbursement from payers, costs of sales and marketing data, costs associated with sales representatives and training of the sales representatives, sales meetings, details, samples, sales call reporting, work on managed care accounts, in each case to the extent not included in costs related to customer service and other sales and customer service-related expenses. Such costs may also include actual out-of-pocket costs for outside services and expenses (e.g., consultants, agency fees, meeting costs, etc.).
Commercialization Expenses. Commercialization Expenses shall be provided for in a budget to be included in the Commercialization Plan, and shall be borne equally on a Collaboration Product-by-Collaboration Product basis pursuant to Article 12. The JSC shall review on a [***] basis the Commercialization Expenses against the budget for such expenses in the applicable [***]. If in the course of such quarterly review the JSC determines that the actual amounts incurred for Commercialization Expenses are likely to be higher than budgeted, the JSC shall review the reasons for such potential overrun and determine whether such overrun is appropriate. The JSC may, if appropriate, amend the Commercialization Plan to permit such overrun or to reduce such activities such that no overrun is expected. To the extent that a Party incurs expenses in connection with the Commercialization of a Collaboration Product [***] of the [***] (as the same may be amended from time to time), [***].
Commercialization Expenses. Warner shall be responsible and pay for one hundred percent (100%) of all costs and expenses incurred in connection with the distribution, marketing, sale or other commercialization of the Licensed Product in the Territory.
