Common use of Marketing Plans Clause in Contracts

Marketing Plans. In accordance with the direction provided by the JCC, ERS shall prepare proposed-marketing and promotional plans for each of the Products and for each country in the Territory, which shall include plans related to the prelaunch, launch, promotion and sales of the Product and which shall include but not be limited to pricing strategy, sales targets, forecasts for the number of sales representatives, copies of promotional materials, a summary of Phase IV clinical studies and a reasonably descriptive overview of the marketing and advertising campaigns proposed to be conducted (the "Marketing Plans"). The Marketing Plans shall be designed to be consistent with the Marketing Budget for such calendar year. ERS shall provide copies of the proposed Marketing Plans to the Company for the Company's review and comment as soon as practicable after preparation and as frequently as may be required based upon ERS's usual marketing campaign cycles, but in no case less that once each calendar year during the term of this Agreement. ERS shall in good faith give due consideration to comments received from the Company on any such Marketing Plan, and will provide the Company with a copy of the final Marketing Plan as soon as it is available. The Parties intend and expect that the Marketing Plan for each calendar year will be finalized no later than the first day of December of the immediately preceding calendar year. Any such final Marketing Plan may be reviewed and revised in accordance with ERS's usual internal practices, provided that the Company shall be provided copies of the proposed revisions, and given the same opportunity to comment and consideration as provided to the Company for the initial Marketing Plans.

Appears in 3 contracts

Samples: Distribution and Supply Agreement, Distribution and Supply Agreement (Imclone Systems Inc/De), Distribution and Supply Agreement (Imclone Systems Inc/De)

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Marketing Plans. In accordance with the direction provided by the JCC, ERS shall prepare proposed-marketing and promotional plans for each of the Products and for each country in the Territory, which shall include plans related to the prelaunch, launch, promotion and sales of the Product and which shall include but not be limited to pricing strategy, sales targets, forecasts for the number of sales representatives, copies of promotional materials, a summary of Phase IV clinical studies and a reasonably descriptive overview of the marketing and advertising campaigns proposed to be conducted (the "Marketing PlansMARKETING PLANS"). The Marketing Plans shall be designed to be consistent with the Marketing Budget for such calendar year. ERS shall provide copies of the proposed Marketing Plans to the Company for the Company's review and comment as soon as practicable after preparation and as frequently as may be required based upon ERS's usual marketing campaign cycles, but in no case less that once each calendar year during the term of this Agreement. ERS shall in good faith give due consideration to comments received from the Company on any such Marketing Plan, and will provide the Company with a copy of the final Marketing Plan as soon as it is available. The Parties intend and expect that the Marketing Plan for each calendar year will be finalized no later than the first day of December of the immediately preceding calendar year. Any such final Marketing Plan may be reviewed and revised in accordance with ERS's usual internal practices, provided that the Company shall be provided copies of the proposed revisions, and given the same opportunity to comment and consideration as provided to the Company for the initial Marketing Plans.

Appears in 1 contract

Samples: Distribution and Supply Agreement (Bristol Myers Squibb Co)

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