2.8 Competitive product. The supplier may not, directly or indirectly, without the prior written consent of DRL Manufacturing, market or supply of the product and/or a generic drug (subject or subject to an ANDA in accordance with the provisions of Section 505 (j) of the FD-C Act or a new drug declaration (“NOA”), filed in accordance with Section 505(b) (2) of the FD-C Act; the API contains, as a single active substance, a dosage assessed by the AB and substitutable for the RLD product and which works exclusively with DRL for products containing the API as the only active ingredient for marketing and sale to a person or entity other than DRL. NOW, THEREFORE, taking into account the reciprocal agreements and agreements that are included, whose adequacy and satisfaction are recognized, are agreed by this DRL and Mikah: 1.5 “Other products” refers to all compounds or products that are not included in Tier 1 products, Tier 2 or Tier 3 superGen products developed or purchased by SuperGen […] retains its marketing rights worldwide. 2.9 Non-competition. EuroGen follows appropriate sales policies and procedures to achieve the maximum marketing potential of products in countries within the area outlined in the regulatory and marketing plan. EuroGen agrees that all EuroGen`s efforts to sell competing products directly in the territory would constitute a conflict of interest with EuroGen`s market development obligations, and EuroGen assures SuperGen that it does not represent, promote, market or sell products that directly compete with the products. Under the terms of this agreement, EuroGen will make no reasonable economic effort to ensure that its distributors (other than wholesalers) do not represent, promote, market or seek to sell other products in the territory that are essentially and/or directly in competition with the products. If SuperGen believes that all other products that are advertised, marketed or otherwise sold by EuroGen are directly in competition with a product, the contracting parties negotiate in good faith for a period of at least ninety (90) days or a longer period for the parties to agree in another way to resolve the issue. If no solution is found within this time frame, SuperGen is the only means of recourse within this period: (i) to terminate all EuroGen rights, or to market, market and sell the product concerned, which is essentially and/or directly in competition with another product marketed by or for EuroGen, or (ii) to transform EuroGen`s exclusive rights into a non-exclusive right to market this product.
In both cases, SuperGen is free to promote, market, market and sell this product directly or indirectly in the territory. c) quotas or credits to customers due to shelf adjustments, non-delivery (other than delivery fees paid separately by Mikah), refusal, withdrawal, recall or return of the product or retroactive price reductions affecting the product, as these certificates or credits are common in the territory`s generic drug industry and are effectively authorized or attributable to the product, possible adjustments in the normal cycle of operations for products in operation; and 10.6 Consequences of dismissal.
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