MARKETING AND SALE. OGS, at its sole expense, shall be solely responsible for the Commercialization of Licensed Products in the Territory and shall use its Commercially Reasonable Efforts to Commercialize each Licensed Product in each of the Major Countries (excluding Japan). OGS shall be solely responsible for establishing the price of each Licensed Product sold by or on behalf of it pursuant to this Agreement.
MARKETING AND SALE. CUSTOMER, at its sole expense, shall be solely responsible for the Commercialization of Licensed Products in the Territory and shall use Commercially Reasonable Efforts to Commercialize each Licensed Product in the Major Countries, it being understood that CUSTOMER may determine that it is not commercially reasonable to pursue Commercialization in particular countries in cases where the difficulty and expense of doing so cannot be justified in comparison to the profits that sales of Licensed Products in such country are likely to yield. CUSTOMER shall be solely responsible for establishing the price of each Licensed Product sold by or on behalf of it pursuant to this Agreement.
MARKETING AND SALE. 9.01 Without limiting the rights granted in Article 2 above, Sunesis shall have the right and obligation to perform at its sole expense, risk and responsibility, or have its Affiliates and/or the Sublicensees perform at their expense, risk and responsibility, by itself or themselves or through its or their designee, any promotion, marketing, sale and distribution of the Products in the Territory. Sunesis shall undertake, or have its Affiliates and/or the Sublicensees undertake, such activities in accordance with Articles 9 and 14 below, and in accordance with all applicable laws and regulations.
MARKETING AND SALE. Mitsubishi, at its sole expense, shall be solely responsible for the Commercialization of Licensed Products in the Territory and shall use its Commercially Reasonable Efforts to Commercialize each Licensed Product in at least one of the Major Countries. Mitsubishi shall be solely responsible for establishing the price of each Licensed Product sold by or on behalf of it pursuant to this Agreement.
MARKETING AND SALE. Tularik, [*], shall be responsible for the Commercialization of Products in the Territory and shall use its Commercially Reasonable Efforts to Commercialize each Product in each of the Major Countries in which it has obtained necessary Regulatory Approvals. Tularik shall be responsible for establishing the price of each such Product sold by or on behalf of it pursuant to this Agreement. *=CONFIDENTIAL TREATMENT REQUESTED: MATERIAL HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. 13
MARKETING AND SALE. From and after the Launch Date, Participant shall (i) stock, prominently display, and sell eReaders and Accessories in one or more of Participant’s stores in the Territory, which shall be purchased in quantities determined by Participant in its sole discretion only from a distributor or distributors authorized by Kobo (as of 1/19/18 Synnex, Xxxx Xxxxxxx and JB Hi Fi and Xxxx.xxx are the sole distributors in New Zealand and devices available through them may vary) pursuant to such distributor’s standard purchase order terms and conditions; and/or (ii) feature eContent available on the Channels, eReaders, and Accessories on Participant’s Website and through customer emails and social media as mutually agreed by the parties but including, at a minimum, inserting one or more prominent links to Xxxx’s Website on Participant’s Website.
MARKETING AND SALE. ACADIA will, and will cause its officers, agents and contractors to, conduct all details with respect to each Product and the performance of ACADIA’s Commercialization activities under this Agreement in the applicable Field and in the Territory in adherence with the applicable Marketing Authorisation, the Product package inserts, labelling and packaging, and any professional requirements, including those relating to promotion of pharmaceutical products, consumer protection, fraud and abuse and false claims.
MARKETING AND SALE. Notwithstanding Section 4.l(c)( 10) to the contrary, Dividend Member shall have sole and exclusive management rights, without any requirement of a vote of Members, to cause the Company to market and sell the Project at any time after the earlier of (i) the occurrence of a “Removal Event” and (ii) six (6) months after LWI can exercise the put option pursuant to Article 11. Any marketing of the Project for sale pursuant to this Section 4.7 shall be on an all-cash, arms-length basis to knowledgeable, reputable and financially qualified third parties unaffiliated with any Member. The marketing of the Project for sale and all actions by the Company with respect to marketing efforts, including solicitations, contacts with prospects, making offers, and executing listing and brokerage agreements, letters of intent and contracts, will require the sole approval of Dividend Member. For the avoidance of doubt, Dividend Member shall have the exclusive right and authority on behalf of the Company to execute any brokerage agreements, letters of intent, sale contracts and related closing documents and take such other action and execute such other documents as may be reasonably required to sell the Project.
MARKETING AND SALE. SYNOVICS shall at its own expense be solely responsible for and shall use its Commercially Reasonable Efforts to promote, market, distribute and sell the Product. SYNOVICS shall be solely responsible for establishing the price of the Products sold by or on behalf of it pursuant to this Agreement.
MARKETING AND SALE. Aventis, at its sole expense, shall be responsible for the Commercialization of Products in the Territory and shall use its Commercially Reasonable Efforts to Commercialize each Product in each of the Major Countries. Aventis shall be responsible for establishing the price of each Product sold by or on behalf of it pursuant to this Agreement.
