Compounds Excluded from the Directed Array™ Program Clause Samples

Compounds Excluded from the Directed Array™ Program. ArQule shall have the right, at any time Monsanto seeks to include any Active ArQule Compound in any Directed Array™ Program, to exclude from such Directed Array™ Program any Active ArQule Compound that is at that time included within a Directed Array™ Program for a third party for development in the Field.
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Compounds Excluded from the Directed Array™ Program. ArQule shall have the right, at the time Wyeth-Ayerst seeks to include any (i) Active ArQule Compound or Active Homolog thereto, or (ii) Wyeth-Ayerst Compound, in any Directed Array™ Program, to exclude from such Directed Array™ Program any such Active ArQule Compound, Active Homolog thereto, or Wyeth-Ayerst Compound that is at that time (i) included within a Directed Array™ Program for a third party for development in the Field, (ii) being optimized by a third party from a Mapping Array™ Program for development in the Field, (iii) previously licensed by a third party for development in the Field, or (iv) is included in an existing ArQule Internal Discovery Program. In the event that ArQule excludes a compound from a Directed Array™ Program pursuant to Subsection (iv) of this Section, and to the extent ArQule may be permitted to do so in respect of agreements with third parties, Wyeth-Ayerst shall * on terms and conditions to be negotiated in good faith by the Parties during a sixty (60) period beginning upon ArQule’s notice to Wyeth-Ayerst that *. In the event that no agreement is reached within such sixty (60) day period, *, provided, however, that ArQule will not * to a third party on financial terms more favorable, in the aggregate, than those last offered to Wyeth-Ayerst.
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Related to Compounds Excluded from the Directed Array™ Program

  • Received From Third Party Such information was or is hereafter rightfully received by the party from a third party (expressly excluding the Fund’s custodian, prime broker and administrator) without restriction on its disclosure and without breach of this Agreement or of a similar confidential disclosure agreement regarding them; or

  • Substance Abuse Program The SFMTA General Manager or designee will manage all aspects of the FTA-mandated Substance Abuse Program. He/she shall have appointing and removal authority over all personnel working for the Substance Abuse Program personnel, and shall be responsible for the supervision of the SAP.

  • Borrower Information Used to Determine Applicable Interest Rates The parties understand that the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time to time based upon certain financial ratios and/or other information to be provided or certified to the Lenders by the Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by the Borrower) at the time it was delivered to the Administrative Agent, and if the applicable interest rate or fees calculated for any period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. The Administrative Agent shall promptly notify the Borrower in writing of any additional interest and fees due because of such recalculation, and the Borrower shall pay such additional interest or fees due to the Administrative Agent, for the account of each Lender, within five (5) Business Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive the termination of this Agreement, and this provision shall not in any way limit any of the Administrative Agent’s, the Issuing Bank’s, or any Lender’s other rights under this Agreement.

  • PRODUCTS MANUFACTURED IN PUBLIC INSTITUTIONS Bids offering Products that are manufactured or produced in public institutions will be rejected.

  • Long Term Cost Evaluation Criterion 4. READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not increase your catalog prices (as defined herein) more than X% annually over the previous year for the life of the contract, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIPS, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentation, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. increases will be 5% or less annually per question Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from the “Attachments” section, complete according to the instructions on the form, then uploading the completed form, with any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email ▇▇▇▇ ▇▇▇▇▇▇ at TIPS at ▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇-▇▇▇.▇▇▇ If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.