Common use of Additional Undertaking Clause in Contracts

Additional Undertaking. Licensee shall not at any time prior to the earlier of July 1, 2013, and the Start Date (as such term is defined in the Novel Sublicense Agreement), (a) sublicense or otherwise authorize a Third Party to sell Product in the U.S. Territory under the Initial NDA but using a trademark on the Product other than the Osmoprep® trademark or (b) itself or through its Affiliates sell Product in the U.S. Territory under the Initial NDA but using a trademark on the Product other than the Osmoprep® trademark, in either case ((a) or (b)) without the prior written consent of Assignee Licensor, such consent not to be unreasonably withheld or delayed.