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.
Appears in 3 contracts
Sources: Distribution, License and Supply Agreement (Focal Inc), Distribution, License and Supply Agreement (Focal Inc), Distribution, License and Supply Agreement (Focal Inc)