Provision Language
BMS – MPP Agreement
4. COMMERCIALIZATION
[…]
(c) The MPP will use all reasonable efforts through its Sublicensees to provide an adequate supply of the Licensed Products (in all formulations and strengths) to meet the therapeutic needs in the Territory and will provide through the Sublicensees a strong supply network to support the distribution of the Licensed Products in the Territory. In recognition of the humanitarian objectives of this License Agreement, the MPP also will use all reasonable efforts to promote the affordable access to the Licensed Products through the Sublicensees in the Territory.
5. MANUFACTURE AND SUPPLY
(a) Each Sublicensee will be solely responsible at its expense for making or having made all of its respective requirements for the Licensed Compound and Licensed Products in conformity with all applicable specifications in the Territory and will hold all relevant authorizations and permits required by the applicable Regulatory Authority in this respect.
(b) Each Sublicensee will use all reasonable commercial efforts to manufacture the Licensed Compound and Licensed Products for use and sale in the Territory consistent with this License Agreement and to provide a sufficient supply thereof to meet the needs in the Territory. The MPP will, upon BMS’ reasonable request, make all reasonable efforts to ensure that at least one of its Sublicensees manufactures sufficient volumes in certain presentations and strengths of Licensed Products as listed in Schedule A.
(c) In the event that BMS becomes aware of a tender that includes the Licensed Product (including for BMS’ branded version of the Licensed Product and Licensed Compound) in the presentations and strengths listed in Schedule A in the Territory, BMS will promptly inform MPP and upon receipt of such information, the MPP will, upon BMS’s reasonable request, request that one or more of its Sublicensees submit a good faith proposal for such tender.
Form of Sublicense
4. COMMERCIALIZATION
[…]
(c) The Sublicensee will use all reasonable efforts to provide an adequate supply of the Licensed Products (in all formulations and strengths) to meet the therapeutic needs in the Territory and will provide a strong supply network to support the distribution of the Licensed Products in the Territory. In recognition of the humanitarian objectives of this Sublicense Agreement, the Sublicensee also will use all reasonable efforts to promote the affordable access to the Licensed Products in the Territory.
5. MANUFACTURE AND SUPPLY
(a) The Sublicensee will be solely responsible at its expense for making or having made all of its respective requirements for the Licensed Compound and Licensed Products in conformity with all applicable specifications in the Territory and will hold all relevant authorizations and permits required in this respect.
(b) The Sublicensee will use all reasonable commercial efforts to manufacture the Licensed Compound and Licensed Products for use and sale in the Territory consistent with this Sublicense Agreement and to provide a sufficient supply thereof to meet the needs in the Territory. The Sublicensee will, upon MPP’s reasonable request, undertake to manufacture in sufficient volumes certain presentations and strengths of Licensed Products as listed in Schedule A.
(c) In the event that MPP becomes aware of a tender that includes the Licensed Product (including for BMS’ branded version of the Licensed Product and Licensed Compound) in the presentations and strengths listed in Schedule A in the Territory, the Sublicensee will, upon MPP’s reasonable request, submit a good faith proposal for such tender.
(d) In the event that the Sublicensee becomes aware of a tender for HCV medicines that includes the Licensed Product and the presentations and strengths listed in Schedule A in the Territory, the Sublicensee will consider to submit a good faith proposal for each such tender.
