CERTAIN ADDITIONAL OBLIGATIONS. Any capitalized terms not defined in this Agreement and used in this Section 20.15 shall have the meaning ascribed to them in the [***]. (a) Subject to [***], Bayer acknowledges [***] as that interest appears. (b) Bayer acknowledges [***]’s disclaimer of warranty in [***] and the limitation on [***]’s liability in [***]. (c) Bayer agrees not to make any statements, representations or warranties whatsoever to any person or entity, or accept any liabilities or responsibilities whatsoever from any person or entity that are inconsistent with the disclaimers or limitations in [***]. (d) Bayer shall also indemnify, defend and hold harmless [***]. (e) For purposes of [***], Bayer self-insures. (f) Bayer agrees to refrain from using the name of [***] or any adaptation thereof in publicity or advertising without the [***]’s prior written approval. (g) Nektar shall have the right to assign its rights, solely with respect to the license granted by [***] to Nektar under [***], to [***] in the event [***]. (h) Nektar agrees not to amend the [***] in any manner that would materially adversely affect the rights of Bayer under the [***]. (i) Nektar represents that the [***] has been achieved. (j) Nektar agrees not to materially breach its obligations to [***].
Appears in 2 contracts
Sources: Co Development, License and Co Promotion Agreement (Nektar Therapeutics), Co Development, License and Co Promotion Agreement (Nektar Therapeutics)