Examples of CAT Agreement in a sentence
As required by the CAT Agreement, Merrimack agrees that CAT shall be a Third Party beneficiary of the sublicense under the CAT Product License and CAT shall have the right to enforce (including claim damages as a result of any breach) of such sublicense.
The Parties acknowledge that Merrimack derives independent and significant value from the agreements set forth in the CAT Agreement and may rely thereon and to that extent only shall have the right to enforce the provisions of Section 3.2(f)(ii) above and be a Third Party beneficiary for that purpose only.
Pursuant to the terms of the CAT Agreement, upon termination of the CAT Agreement, Dyax represents and warrants that (i) [**] and the [**], and (ii) any sublicense granted by Dyax to Merrimack under a CAT Product License pursuant to this Agreement will continue in force provided [**].
As required by the CAT Agreement, Merrimack hereby acknowledges and agrees that Dyax must request, and be granted a CAT Product License, in relation to a Therapeutic Antibody Product prior to Dyax or Merrimack’s commencement of the [**] in relation to a Therapeutic Antibody Products, or in relation to a Diagnostic Antibody Product prior to Dyax or Merrimack’s [**] on the relevant Dyax Antibody.
Buyer agrees that it shall make timely on CP's behalf all payments required to be made by CP after the date hereof under Section 2.2(b) of the 1999 CAT Agreement.
CP represents and warrants that it has not made any claim for indemnification under the 1999 CAT Agreement prior to the date hereof and, to CP's Knowledge, has no basis for any such claim.
If such payment obligation is reduced as a result of CP exercising its right of set-off under the 1999 CAT Agreement as a result of a claim for indemnification thereunder made in accordance with Section 8.4 hereof, Buyer shall reimburse CP for any reasonable out-of-pocket expenses or costs incurred by CP relating to or in respect of CP's claim pursuant to Section 8.4 that resulted in such reduction.
If CAT notifies Dyax that each [**] to which such Poly-Specific Antibody is directed has [**] then, pursuant to an amendment to the CAT Agreement, Dyax shall have the right to obtain a single CAT Product License that will [**] to which Poly-Specific Antibodies bind; provided however, that such CAT Product License shall be limited so as to allow Merrimack to exploit only Products that comprise or contain Poly-Specific Antibodies directed against all such [**].
If CP receives after the date hereof any cash indemnification payment under Section 9 of the 1999 CAT Agreement, CP shall pay an amount in cash to Buyer equal to such payment less any reasonable out-of-pocket expenses or costs incurred by CP relating to or in respect of CP's claim for the recovery of such payment.
CP has made all of the payments due under Section 2.2(b) of the 1999 CAT Agreement (as defined below) as the same have become due and payable.