Common use of Amendment and Restatement of Original Agreement Clause in Contracts

Amendment and Restatement of Original Agreement. The ORIGINAL AGREEMENT shall be amended in its entirety and restated herein upon the execution and delivery of this AGREEMENT by the PARTIES. Upon such execution and delivery, all provisions of the ORIGINAL AGREEMENT are hereby waived, released and superseded in their entirety and shall have no further force or effect. Notwithstanding the foregoing, any payment made by COMPANY pursuant to the ORIGINAL AGREEMENT shall be credited against any payment due pursuant to this AGREEMENT, whether or not such payment was made prior to the date of this AGREEMENT. Xxxxxxx-MGH License Agreement, Execution Version

Amendment and Restatement of Original Agreement. The ORIGINAL AGREEMENT shall be amended in its entirety and restated herein upon the execution and delivery of this AGREEMENT by the PARTIES. Upon such execution and delivery, all provisions of the ORIGINAL AGREEMENT are hereby waived, released and superseded in their entirety and shall have no further force or effect. Notwithstanding the foregoing, any payment made by COMPANY pursuant to the ORIGINAL AGREEMENT shall be credited against any payment due pursuant to this AGREEMENT, whether or not such payment was made prior to the date of this AGREEMENT. [Remainder of page intentionally left blank.] Xxxxxxx-MGH License Agreement, Execution Version