Common use of and10 Clause in Contracts

and10. 2(a), OSI shall destroy all copies and electronic versions of the AVEO Bioinformatics Tools and Bioinformatics Tools Updates including the Bioinformatics Tools Source Code, and (vii) AVEO shall continue to fulfill AVEO’s payment and/or royalty obligations as specified under Section 6.18; provided that, in the case of a termination of this Agreement by AVEO pursuant to Section 9.2, AVEO may reduce such payment and/or royalty obligations by the amount of monetary damage suffered by AVEO as a direct result of OSI’s breach of this Agreement, as determined (A) in a final decision of a court of competent jurisdiction, which decision is not appealable or has not been appealed within the time allowed for appeal, or (B) by the Parties in a settlement agreement.