Fertility Specialist Market

Fertility Specialist Market. Shall have the meaning set forth in the Marketing License Agreement.

Fertility Specialist Market. Shall mean (i) all reproductive endocrinologists in the United States and their patients; and (ii) all other physicians in the United States, including obstetricians and gynecologists, who use Injectable Gonadotropins to treat infertility or who are associated with an infertility treatment center and their patients. Serono and Columbia shall agree in writing to a list of the reproductive endocrinologists and other physicians who ... they have determined are within the Fertility Specialist Market as of the Effective Date (the "Physician List"). No more than once each year during the Term of this Agreement beginning on the first anniversary of the Effective Date, Serono shall consider, at the request of Columbia, removing from the Physician List physicians in the United States (i) who are not reproductive endocrinologists, (ii) who are not associated with an infertility treatment center and (iii) who Columbia demonstrates prescribed less than $[***] of Injectable Gonadotropins in the preceding year. Serono shall consider removing such physicians from the Physician List in good faith giving primary consideration to its own business interests. Serono shall have the right to remove from the Physician List any physician upon prior notice to Columbia. Serono shall have the right to add to the Physician List reproductive endocrinologists in the United States and other physicians in the United States, including obstetricians and gynecologists, who use Injectable Gonadotropins to treat infertility or who are associated with an infertility treatment center, provided that Serono shall notify Columbia, Columbia shall have fifteen (15) days thereafter to provide comments to Serono regarding such additions, and Serono shall consider such comments in good faith giving primary consideration to its own business interests. View More