/Docs/G/NIH-License-Patent-Exclusive-CmA/Sec/Commercialize/0.md
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Ti = Performance
1.sec = {_Licensee} shall use its reasonable commercial efforts to bring the {_Licensed_Products} and the {_Licensed_Processes} to {_Practical_Application}. “Reasonable commercial efforts” for the purposes of this provision shall include adherence to the {_Commercial_Development_Plan} in Appendix E and performance of the {_Benchmarks} in Appendix D. The efforts of a sublicensee shall be considered the efforts of {_Licensee}.
2.sec = Upon the {_First_Commercial_Sale}, until the expiration or termination of {_this_Agreement}, {_Licensee} shall use its reasonable commercial efforts to make the {_Licensed_Products} and the {_Licensed_Processes} reasonably accessible to the United States public.
3.sec = {_Licensee} agrees, after its {_First_Commercial_Sale}, to make reasonable quantities of the {_Licensed_Products} or materials produced through the use of the {_Licensed_Processes} available to patient assistance programs.
4.sec = {_Licensee} agrees, after its {_First_Commercial_Sale} and as part of its marketing and product promotion, to develop educational materials (e.g., brochures, website, etc.) directed to patients and physicians detailing the {_Licensed_Products} or medical aspects of the prophylactic and therapeutic uses of the {_Licensed_Products}.
5.sec = {_Licensee} agrees to supply, to the Mailing Address for {_Agreement} Notices indicated on the Signature Page, the Office of Technology Transfer, {_NIH} with inert samples of the {_Licensed_Products} or the {_Licensed_Processes} or their packaging for educational and display purposes only.
= [G/Z/ol/s5]