Common use of ABX Clause in Contracts

ABX. ABX represents and warrants that: (i) it has the full right and authority to enter into this Agreement and grant the rights and licenses granted herein; (ii) it has not previously granted and will not grant any rights inconsistent or in conflict with the rights and licenses granted to CGI herein; (iii) there are no existing or threatened actions, suits or claims pending against ABX with respect to the Licensed Technology or the right of ABX to enter into and perform its obligations under this Agreement; (iv) it has not previously granted, and will not grant during the term of this Agreement, any right, license or interest in and to the Licensed Technology, or any portion thereof, with respect to the manufacture, sale, offer for sale, use, or import of the Product in the Gene Therapy field; and (v) Attachment B hereto sets forth all ABX-Controlled Rights as of the Effective Date; ABX shall not terminate (or permit to be terminated), or alter or amend, any of the ABX-Controlled Rights in a manner that adversely affects or may adversely affect CGI, without CGI's prior written consent.

Appears in 3 contracts

Sources: Gene Therapy Rights Agreement (Abgenix Inc), Gene Therapy Rights Agreement (Abgenix Inc), Gene Therapy Rights Agreement (Abgenix Inc)