Commercialization Program. (a) COMMERCIALIZATION EFFORTS. Each Party will use Commercially Reasonable Efforts to Commercialize the Product on a worldwide basis in accordance with the Commercialization Plan. The Commercialization Plan shall contemplate the Marketing of Product in each Major Market and in each country in the Territory outside the Major Markets that is determined by the JCC to be feasible and commercially attractive for marketing of the Product. Subject to the terms and conditions of the Co-Promotion Agreement, Lilly shall have primary responsibility for preparing and proposing changes and modifications to the Commercialization Plan during the Term. However, the Parties acknowledge and agree that Amylin will actively participate in Commercialization activities both during the Development time frame and following Product Launch. In addition, Lilly shall consult with, and consider in good faith the suggestions of, Amylin with respect to such Commercialization strategies and activities, through the Parties' interaction on the JCC. Without limiting any rights of Amylin, the Parties anticipate that Amylin's most active participation will be in the U.S. and that with respect to countries in the Territory outside the U.S., Amylin's participation in Commercialization activities will be primarily through its review of proposed activities in meetings of the JCC. Lilly and Amylin will provide financial and other support for Commercialization of the Product as provided in this Agreement, the Co-Promotion Agreement and in the Commercialization Plan. Each Party shall provide consultation and advice to the other Party in furtherance of the Commercialization Plan through its participation on the Steering Committee and the Joint Commercialization Committee as described in Article 3.
Appears in 3 contracts
Sources: Collaboration Agreement, Collaboration Agreement, Collaboration Agreement (Amylin Pharmaceuticals Inc)