Common use of Negotiation and Approval Clause in Contracts

Negotiation and Approval. For each calendar year, the Sales and Marketing Subcommittee shall be responsible for preparing a detailed plan and budget for the Premarketing Program and the Commercialization of Products in the United States for submission to the Executive Committee (each, a “Draft Plan”). Each Draft Plan shall be reviewed by the Executive Committee, and the Executive Committee shall have the right to amend or revise each Draft Plan prior to approval thereof. A Draft Plan with any amendments or revisions as approved by the Executive Committee shall be a “Commercialization Plan.” The initial Commercialization Plan shall be consistent with the Preliminary Commercialization Plan and shall address the matters specified in Exhibit C; provided, that if (a) [***] or (b) [***], then the initial Commercialization Plan shall include such departures from the Preliminary Commercialization Plan and Exhibit C as are approved by the Executive Committee. Additionally, for purposes of clarity, the parties understand and agree that [***] and shall be addressed in the initial Commercialization Plan. The Finance Subcommittee shall assist the Sales and Marketing Subcommittee and the Executive Committee in the preparation of the budget portion of each Commercialization Plan.

Negotiation and Approval. For each calendar year, the Sales and Marketing Subcommittee shall be responsible for preparing a detailed plan and budget for the Premarketing Program and the Commercialization of Products in the United States for submission to the Executive Committee (each, a “Draft Plan”"DRAFT PLAN"). Each Draft Plan shall be reviewed by the Executive Committee, and the Executive Committee shall have the right to amend or revise each Draft Plan prior to approval thereof. A Draft Plan with any amendments or revisions as approved by the Executive Committee shall be a “Commercialization Plan"COMMERCIALIZATION PLAN.” " The initial Commercialization Plan shall be consistent with the Preliminary Commercialization Plan and shall address the matters specified in Exhibit C; provided, that if (a) [***] or (b) [***], then the initial Commercialization Plan shall include such departures from the Preliminary Commercialization Plan and Exhibit C as are approved by the Executive Committee. Additionally, for purposes of clarity, the parties understand and agree that [***] and shall be addressed in the initial Commercialization Plan. The Finance Subcommittee shall assist the Sales and Marketing Subcommittee and the Executive Committee in the preparation of the budget portion of each Commercialization Plan.