Effect of Opt-Out. For purposes of clarity the following provisions will apply with respect to any New Licensed Product from and after the Section 5.11 Opt-out Effective Date:
Effect of Opt-Out. Any person or entity who falls within the definition of the Settlement Class and who validly and timely requests exclusion from the Settlement shall not be a Settlement Class Member; shall not be bound by the Settlement Agreement; shall not be eligible to make a Claim for any benefit under the terms of the Settlement Agreement; and shall not be entitled to submit an Objection to the Settlement.
Effect of Opt-Out. If Sage exercises an Opt-Out Right pursuant to Section 9.5.1 (Exercise of Opt-Out) for a Product Class, then, from and after the Opt-Out Date with respect to the Opt-Out Products:
Effect of Opt-Out. For purposes of clarity, notwithstanding any of the foregoing in this Section 9.2, if either Party exercises its Opt-Out Right, and the other Party elects to continue Developing and Commercializing the Licensed Product(s), then (i) neither Party shall have any further rights or obligations to share in Profit and Commercialization Costs as set forth in clause (a) above, and (ii) the Party that is deemed the Commercializing Party with respect to such Licensed Product(s) under this Agreement shall be obligated to pay the other Party (A) event payments pursuant to Section 9.1 upon achievement by the Commercializing Party or its Related Parties of the relevant events with respect to such Licensed Product(s), and (B) royalties pursuant to Section 9.3 with respect to Net Sales of such Licensed Product(s) by such Commercializing Party or its Related Parties.
Effect of Opt-Out. BioNTech’s rights and obligations under this Section 6.5, including its Co-Promotion Option and any Co-Promotion Agreement, shall terminate immediately upon exercise of BioNTech’s Opt-Out.
Effect of Opt-Out. In the event BioNTech exercises its Opt-Out right, or a Deemed Opt-Out occurs pursuant to Section 8.5.3, the following provisions shall apply upon the Opt-Out Commencement Date in respect of Development of the Manufacturing Process and Technology Platform and Manufacture of Collaboration Product.
Effect of Opt-Out. Notwithstanding any of the foregoing in this Section 10.4, if either Party exercises its Opt-Out Right, then the Continuing Party shall have the first right to initiate an infringement or other appropriate suit anywhere in the world against any Third Party who at any time has infringed, or is suspected of infringing, any Patent Rights, or of using without proper authorization any Know-How, comprising Alnylam Collaboration IP, Roche Collaboration IP or Joint Collaboration IP, as the case may be, that constitute Product Specific Patent Rights or Product Specific Know-How. The Party that is not the Continuing Party shall have the right to request that the Continuing Party initiate action as described above in clause (ii). [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
Effect of Opt-Out. Following Protagonist’s exercise of the Rusfertide Opt-Out Right or a Partial Opt-Out Right, effective upon the date of Protagonist’s applicable opt-out written notice to Takeda pursuant to Section 4.4(a) (in the case of the Rusfertide Opt-Out Right, Xxxxxxxxxx and all other Licensed Products and, in the case of a Partial Opt-Out Right, the Licensed Product other than Xxxxxxxxxx that is the subject of such Protagonist opt-out written notice pursuant to Section 4.4(a)(ii)(B), the “Opt-Out Product(s)”):
Effect of Opt-Out. Notwithstanding anything herein to the contrary, but subject to the provisions of Section 8.5, (i) neither Party shall have the rights or responsibilities set forth in Articles 4, 5 and 7 with respect to any Product in a particular Region as to which such Party has Opted Out and not Opted Back In, and (ii) in the case of any Product in a particular Region as to which Aphton has Opted Out and not Opted Back In, XOMA shall own the related Regulatory Approvals; provided that, with respect to both clause (i) and clause (ii), both Parties shall in any event retain their obligations pursuant to the first two sentences of Section 4.5(c), Section 5.8 and the first sentence of Section 5.10, regardless of any such Opt Out.
Effect of Opt-Out. If Maxygen elects to opt-out of further sharing of Collaboration Costs pursuant to Section 4.7, the JPT shall be dissolved.
