Improved Products. Provided that Ethicon (A) has not abandoned the development, marketing and/or sale in the Territory of the Lung Sealant Product and the Dural Sealant Product, and (B) has not caused an Event of Default, Ethicon shall have the right to develop, market and sell the Improved Products, if any, under substantially equivalent terms and conditions as those that apply to the Initial Products; provided, that Ethicon shall bear all of the expense of conducting any, preclinical and clinical development, and of obtaining the Regulatory Approvals, required to commercialize any such Improved Products in the Field in the Territory.
Improved Products. In the event that Ethicon assumes the responsibility for the manufacture of an Improved Product pursuant to Section 7(l), then Ethicon shall pay to Focal on a country by country basis in the Territory royalties on the sales of such Improved Product at rates that are substantially equivalent to those set forth in Section 6(d)(i). * Confidential treatment has been requested for marked portion
Improved Products. Focal shall provide to Ethicon reasonable quantities of an Improved Product that is not intended for Commercial Use at a cost equal to Focal's Direct Cost to supply such Product; provided, however, that Ethicon shall not pay to Focal less than $P per unit or more than $Q per unit for such Improved Product, where P and Q shall be determined through a good faith negotiation between the parties.
Improved Products. A. If during the term hereof PROGENICS develops an improved Product and the commercialization of the improved Product reaches the market evaluation stage, PROGENICS will give DUPONT written notice of its plans to commercialize the improved Product and offer to make available, at DUPONT's cost, sample of the improved Product for DUPONT's evaluation, but as testing materials only and not under circumstances that would commit PROGENICS or DUPONT to supply the improved Product or give customers an expectation that the improved Product will be commercialized. DUPONT may elect to add the improved Product to this Agreement at any time, subject to provisions of Paragraph 2-B below. The parties intend that DUPONT will have advance notice of the introduction of improved Product to enable DUPONT to sell remaining inventory of Product that may be replaced by the improved Product.
Improved Products. The Purchase Price for each Improved Product intended for Commercial Use shall be calculated using percentages of the Net Selling Price of such Improved Product that are substantially equivalent to those set forth in Exhibit G.
Improved Products. Any improvement, enhancement or modification to the Products during the License Term, whether made singly or jointly by either CystoMedix or Uroplasty, their employees, independent contractors or agents, and whether or not patentable (all together, “Improved Products”), shall be owned exclusively by Uroplasty, subject to the following. Uroplasty will have the exclusive right to determine whether to seek patent protection for any of the Improved Products and will bear all patent prosecution and patent maintenance charges with respect to them. During (i) the License Term and (ii) after the License Term (but only if the License Term ends upon the natural expiration of this Agreement and specifically other than on account of (a) Uroplasty’s exercise of its Option or Right of First Refusal as described in Section 6 below or (b) a breach by CystoMedix), Uroplasty grants CystoMedix an exclusive, royalty-free, right and license to manufacture, have manufactured, use, sell, lease or otherwise dispose of the Improved Products outside of the Territory. However, in order to give Uroplasty the opportunity to file for patent protection on the Improved Products outside of the Territory, CystoMedix must give Uroplasty at least 90 days prior written notice of CystoMedix’s intention to market the Improved Products in any jurisdiction outside of the Territory. Using good faith at all times, the parties will notify, provide and otherwise cooperate with each other in all respects regarding the Improved Products without additional charge under this Agreement. Without limitation, this includes CystoMedix’s obligation to arrange for assignment by CystoMedix’s employees to Uroplasty of any rights to Improved Products.
Improved Products. If during the term of this Agreement and any extension ----------------- thereof, ACS develops improvements, extensions or modifications of the Products, ACS shall offer such Products containing such improvements, extensions or modifications for sale to Xerox and Xerox Affiliated Companies. If the parties hereto reach an agreement for the sale of such new or improved Products, the appropriate Exhibits and other provisions hereof will be appropriately amended. Amendments to this Agreement applicable to such Products win not result in a price adjustment for Products ordered or delivered prior to the effective date of such amendment. Prices for Products added to this Agreement by amendment will be mutually agreed to by ACS and Xerox.
Improved Products. Any and all improvements in and to the Products shall, automatically upon their commercial availability, become Products under this Agreement.
Improved Products. (a) The Supplier may amend Exhibit 1 to (i) include one or more Improved Products as a “Product” at any time and (ii) provided that the Supplier is in compliance with Section 4.02, remove one or more Products from Exhibit 1. Upon the amendment and delivery of an amended Exhibit to the Steering Committee in connection with the addition of an Improved Product, the Relationship Managers shall negotiate in good faith to determine a market price for each such Improved Product. The market price for any Improved Product shall be based on [DELETED] following amendment of Exhibit 1 to add such Improved Product. Upon determination of a market price for such Improved Products, Exhibit 1 shall be amended to include any such Price for such items.
Improved Products. (a) Any Product that incorporates (a) any on-going improvements, modifications or enhancements, such as bug fixes, which are developed by COMPANY pursuant to Section 7.3 or (b) any improvements, modifications or enhancements to the current platform for XXXX and TrendCare, such as new interfaces or new measurement parameters, such as glucose, lactate or electrolytes, for the Continuous Monitoring Products, or new electrochemical measurements or new modules for the Intermittent Monitoring Products which are developed by COMPANY, and
