Common use of Purchase and Distribution Clause in Contracts

Purchase and Distribution. ▇. ▇▇▇▇▇▇ shall purchase finished (ready to market) Product from Elite at the Transfer Price established in Exhibit "B" (the "Transfer Price"), subject to Elite's (including any third party supplier's) compliance with the terms and conditions of this Agreement. ▇. ▇▇▇▇▇▇ shall distribute Product in a commercially prudent manner and in a manner consistent with its status as a generic drug and in compliance with all applicable laws and regulations. ▇▇▇▇▇▇ shall diligently market and promote the Product in the Territory using commercially reasonable efforts to maximize Product sales and Profit Share. ▇▇▇▇▇▇ shall devote such marketing efforts to the Product as its competitors customarily would exert for generic products with comparable market size and profit potential under comparable competitive conditions. Following approval of the ANDA by the FDA, ▇▇▇▇▇▇ shall, at least once per calendar quarter, provide to Elite and Tishtec, in writing, an outline of ▇▇▇▇▇▇' commercial plans, planned marketing activities, and sales expectations for the Product for the upcoming three (3) calendar quarters. ▇. ▇▇▇▇▇▇ shall file all labeling, marketing, advertising and promotional materials to the regulatory agency. ▇▇▇▇▇▇ shall store, transport, sell, market and distribute the Product in compliance with all applicable laws and regulations. If requested by ▇▇▇▇▇▇, Tishtec shall make any additional regulatory filings as ▇▇▇▇▇▇' agent under the ANDA filing for advertising as well as any additional scientific questions.

Appears in 2 contracts

Sources: Product Development, Manufacturing, and Distribution Agreement (Elite Pharmaceuticals Inc /De/), Product Development, Manufacturing, and Distribution Agreement (Elite Pharmaceuticals Inc /De/)

Purchase and Distribution. ▇. ▇▇▇▇▇▇ A. Harris shall purchase finished (ready to market▇▇▇▇▇▇) Product ▇▇▇▇uct from Elite at the Transfer Price established in Exhibit "B" (the "Transfer Price"), subject to Elite's (including any third party supplier's) compliance with the terms and conditions of this Agreement. ▇. B. Harris shall distribute Product in a commer▇▇▇▇▇▇ shall distribute Product in a commercially prudent ▇▇▇▇▇▇t manner and in a manner consistent with its status as a generic drug and in compliance with all applicable laws and regulations. Harris shall diligently market and ▇▇▇▇▇▇ shall diligently market and promote te the Product in the Territory using commercially reasonable efforts to maximize Product sales and Profit Share. ▇▇▇▇▇▇ Harris shall devote such marketing efforts to the Product as its competitors customarily would exert for generic products with comparable market size and profit potential under comparable competitive conditions. Following approval of the ANDA by the FDA, Harris shall, at least once per ca▇▇▇▇▇▇ shall, at least once per calendar quarter, provide to Elite and Tishtec, in writing, an outline of ▇▇▇▇▇▇Harris' commercial plans, planned marketing marketin▇ activities, and sales expectations for the Product for the upcoming three (3) calendar quarters. C. Harris shall file all labeling, marketi. ▇, ▇▇▇▇▇▇ shall file all labeling, marketing, advertising ▇▇▇ing and promotional materials to the regulatory agency. ▇▇▇▇▇▇ Harris shall store, transport, sells▇▇▇, market and distribute the Product in compliance with all applicable laws and regulations. If requested by ▇▇▇▇▇▇Harris, Tishtec shall make any additional regulatory filings as ▇▇▇▇▇▇Harris' agent under the ANDA filing for advertising as well as any additional scientific questions.

Appears in 1 contract

Sources: Product Development, Manufacturing, and Distribution Agreement (Elite Pharmaceuticals Inc /De/)

Purchase and Distribution. ▇. ▇▇▇▇▇▇ A. [ * ] shall purchase finished (ready to market) Product from Elite at the Transfer Price established in Exhibit "B" (the "Transfer Price"), subject to Elite's (including any third party supplier's) compliance with the terms and conditions of this Agreement. ▇. ▇▇▇▇▇▇ B. [ * ] shall distribute Product in a commercially prudent manner and in a manner consistent with its status as a generic drug and in compliance with all applicable laws and regulations. ▇▇▇▇▇▇ [ * ] shall diligently market and promote the Product in the Territory using commercially reasonable efforts to maximize Product sales and Profit Share. ▇▇▇▇▇▇ [ * ] shall devote such marketing efforts to the Product as its competitors customarily would exert for generic products with comparable market size and profit potential under comparable competitive conditions. Following approval of the ANDA by the FDA, ▇▇▇▇▇▇ [ * ] shall, at least once per calendar quarter, provide to Elite and Tishtec[ * ], in writing, an outline of ▇▇▇▇▇▇[ * ]' commercial plans, planned marketing activities, and sales expectations for the Product for the upcoming three (3) calendar quarters. ▇. ▇▇▇▇▇▇ C. [ * ] shall file all labeling, marketing, advertising and promotional materials to the regulatory agency. ▇▇▇▇▇▇ [ * ] shall store, transport, sell, market and distribute the Product in compliance with all applicable laws and regulations. If requested by ▇▇▇▇▇▇[ * ], Tishtec [ * ] shall make any additional regulatory filings as ▇▇▇▇▇▇[ * ]' agent under the ANDA filing for advertising as well as any additional scientific questions.

Appears in 1 contract

Sources: Product Development, Manufacturing, and Distribution Agreement (Elite Pharmaceuticals Inc /De/)