Withdrawal. If either Party brings an action or proceeding under this Section 10.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.4.
Appears in 18 contracts
Samples: License Agreement (Homology Medicines, Inc.), License Agreement (Biohaven Research Ltd.), Sublicense Agreement (Ligand Pharmaceuticals Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 8.3 and subsequently ceases to pursue or withdraws from such action or proceedingaction, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.48.3.
Appears in 6 contracts
Samples: Collaboration and Option Agreement (Globeimmune Inc), Collaboration and Option Agreement (Globeimmune Inc), Collaboration and Option Agreement (Globeimmune Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 6.3 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.46.3.
Appears in 5 contracts
Samples: License Agreement (Aegerion Pharmaceuticals, Inc.), License Agreement (Aegerion Pharmaceuticals, Inc.), License Agreement (Aegerion Pharmaceuticals, Inc.)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 7.3 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.47.3.
Appears in 4 contracts
Samples: License Agreement (Can-Fite BioPharma Ltd.), License Agreement (Can-Fite BioPharma Ltd.), License Agreement (XTL Biopharmaceuticals LTD)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 7.2 and subsequently ceases to pursue or withdraws from such action or proceedingproceeding (other than by settlement), it shall will promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.47.2.
Appears in 3 contracts
Samples: License Agreement (Gossamer Bio, Inc.), License Agreement (Gossamer Bio, Inc.), License Agreement (Aerpio Pharmaceuticals, Inc.)
Withdrawal. If either Party brings such an action or defends such a proceeding under this Section 10.4 9.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.49.4 (including such prior written consent as provided for under this Section 9.4) at its own expense.
Appears in 3 contracts
Samples: Collaboration Agreement (PDL Biopharma, Inc.), Collaboration Agreement (Facet Biotech Corp), Collaboration Agreement (Facet Biotech Corp)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 8.4.1 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall will promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under and pursue such action or proceeding in accordance with the terms of this Section 10.48.4.1 (including but not limited to the proviso in the first sentence of Section 8.4.1(b)).
Appears in 3 contracts
Samples: Collaboration and License Agreement (Regulus Therapeutics Inc.), Collaboration and License Agreement (Regulus Therapeutics Inc.), Collaboration and License Agreement (Isis Pharmaceuticals Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 11.3 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.411.3.
Appears in 3 contracts
Samples: License Agreement, And License Agreement (OncoMed Pharmaceuticals Inc), And License Agreement (OncoMed Pharmaceuticals Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 6.8 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.46.8.
Appears in 3 contracts
Samples: License Agreement (Checkpoint Therapeutics, Inc.), License Agreement (Checkpoint Therapeutics, Inc.), License Agreement (Checkpoint Therapeutics, Inc.)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 9.3(b) and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.49.3(b).
Appears in 3 contracts
Samples: Stock Purchase Agreement (Archemix Corp.), Stock Purchase Agreement (Nuvelo Inc), Stock Purchase Agreement (Nitromed Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.4.. * Confidential Treatment Requested
Appears in 3 contracts
Samples: License Agreement, License Agreement (Elixir Pharmaceuticals, Inc.), License Agreement (Elixir Pharmaceuticals, Inc.)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly within a reasonable period of time notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.4.
Appears in 3 contracts
Samples: License Agreement (Immunome Inc.), License Agreement (Ayala Pharmaceuticals, Inc.), License Agreement (Ayala Pharmaceuticals, Inc.)
Withdrawal. If either Party brings such an action or defends such a proceeding under this Section 10.4 8.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.48.4 at its own expense.
Appears in 3 contracts
Samples: Cancer Collaboration Agreement (Exelixis Inc), Collaboration Agreement (Exelixis Inc), Cancer Collaboration Agreement (Exelixis Inc)
Withdrawal. If either Party brings such an action or defends such a proceeding under this Section 10.4 10.3 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.410.3.
Appears in 2 contracts
Samples: License, Development and Commercialization Agreement (Vanda Pharmaceuticals Inc.), License, Development and Commercialization Agreement (Vanda Pharmaceuticals Inc.)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 8.5.2 or Section 8.5.3 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall will promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under and pursue such action or proceeding in accordance with the terms of this Section 10.48.5.1 or Section 8.5.2.
Appears in 2 contracts
Samples: Collaboration and License Agreement, Collaboration and License Agreement (Regulus Therapeutics Inc.)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall will promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.4.
Appears in 2 contracts
Samples: Exclusive License Agreement (Eagle Pharmaceuticals, Inc.), Exclusive License Agreement (Eagle Pharmaceuticals, Inc.)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 3.3 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.43.3.
Appears in 2 contracts
Samples: License Agreement (Movella Holdings Inc.), License Agreement (Pathfinder Acquisition Corp)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.4.
Appears in 2 contracts
Samples: License Agreement (Sunesis Pharmaceuticals Inc), Development and License Agreement (EPIX Pharmaceuticals, Inc.)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 8.3(c)(i) and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.48.3(c)(i).
Appears in 1 contract
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 5 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.45.
Appears in 1 contract
Samples: License Agreement (Repligen Corp)
Withdrawal. If In addition to Section 9.4.2, if either Party brings an action or proceeding under this Section 10.4 9.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall will promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under and pursue such action or proceeding in accordance with the terms of this Section 10.49.4 (including but not limited to the proviso in the first sentence of Section 9.4.2).
Appears in 1 contract
Samples: Collaboration and License Agreement (Isis Pharmaceuticals Inc)
Withdrawal. If Subject to Section 11.1(d), if either Party brings such an action or defends such a proceeding under this Section 10.4 11.1 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.411.1 at its own expense.
Appears in 1 contract
Samples: Collaboration Agreement (Adnexus Therapeutics, Inc.)
Withdrawal. If In addition to Section 8.4.2, if either Party brings an action or proceeding under this Section 10.4 8.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under and pursue such action or proceeding in accordance with the terms of this Section 10.48.4 (including but not limited to the proviso in the first sentence of Section 8.4.2).
Appears in 1 contract
Samples: Collaboration and License Agreement (Isis Pharmaceuticals Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 5.3 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.45.3.
Appears in 1 contract
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 14.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.414.4.
Appears in 1 contract
Samples: License and Research Agreement (Albany Molecular Research Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 8.4 and subsequently ceases to pursue or withdraws from such action or proceedingaction, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.48.4.
Appears in 1 contract
Samples: Exclusive License Agreement (Stemline Therapeutics Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 6.3 and subsequently ceases to pursue or withdraws from such action or proceedingproceeding after full discussion with the other party, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.46.3.
Appears in 1 contract
Withdrawal. If either Party brings an action or proceeding under governed by this Section 10.4 5.2 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.45.2.
Appears in 1 contract
Samples: Quad Technology License Agreement (Evergreen Solar Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 6.3(b) and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.46.3(b).
Appears in 1 contract
Samples: Collaboration and License Agreement (ARCA Biopharma, Inc.)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 9.2 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall will promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.49.2.
Appears in 1 contract
Withdrawal. If either Party brings such an action or defends such a proceeding under this Section 10.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.4 (including such prior written consent as provided for under this Section 10.4) at its own expense.
Appears in 1 contract
Withdrawal. If either Party brings such an action or defends such a proceeding under this Section 10.4 7.9 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.47.9 (including such prior written consent as provided for under this Section 7.9) at its own expense.
Appears in 1 contract
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 7.3 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.4β7.3.
Appears in 1 contract
Withdrawal. If either Party brings such an action or defends such a proceeding under this Section 10.4 6.8 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.46.8 (including such prior written consent as provided for under this Section 6.8) at its own expense.
Appears in 1 contract
Samples: License Agreement (Exelixis Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 9.4 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.4Party.
Appears in 1 contract
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 6.2 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.46.2.
Appears in 1 contract
Samples: Exclusive License Agreement (Critical Therapeutics Inc)
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 8.2 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall will promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.4.8.2. 8.3
Appears in 1 contract
Withdrawal. If either Party brings an action or proceeding under this Section 10.4 4.3 and subsequently ceases to pursue or withdraws from such action or proceeding, it shall promptly notify the other Party and the other Party may substitute itself for the withdrawing Party under the terms of this Section 10.44.3.
Appears in 1 contract
Samples: Warrant Purchase Agreement (Poniard Pharmaceuticals, Inc.)
