Deemed Breach of Covenant. Neither Lilly nor NeoSan will be deemed to be in breach of this Agreement to the extent such Party's breach is the result of any action or inaction on the part of the other Party.
Deemed Breach of Covenant. Neither CIMA nor Schwxxx xxxll be deemed to be in breach of any covenant contained in this Section 9 if such party's deemed breach is the result of any action or inaction on the part of the other party.
Deemed Breach of Covenant. Neither Party will be deemed to be in breach of this Agreement to the extent such Party’s breach is the result of any fraud action or inaction on the part of the other Party.
Deemed Breach of Covenant. Neither Lilly nor Tularik shall be deemed ------------------------- to be in breach of any covenant contained in this Section 6 if such Party's deemed breach is the result of any action or inaction on the part of the other Party.
Deemed Breach of Covenant. Neither Lilly nor Licensee will be deemed to be in breach of this Agreement to the extent such Party’s breach is the result of any action or inaction on the part of the other Party.
Deemed Breach of Covenant. Neither Lilly nor Advancis will be deemed to be in breach of this Manufacturing Agreement if such Party’s deemed breach is the result of any action or inaction on the part of the other Party.
Deemed Breach of Covenant. Neither Alkermes nor KU shall be deemed to be in breach of any covenant contained in this SECTION 8 if such party’s deemed breach is the result of any action or inaction on the part of the other party.
Deemed Breach of Covenant. Neither Avalanche nor GenSight shall be deemed to be in breach of any covenant contained in this Section 6 if such Party’s deemed breach is the result of any action or inaction on the part of the other Party.
Deemed Breach of Covenant. Neither Lilly nor Versicor shall be deemed to be in breach of any covenant contained in this Section 6 if such Party's deemed breach is the result of any action or inaction on the part of the other Party.
Deemed Breach of Covenant. Neither Nastech nor Schwxxx shall be deemed to be in breach of any covenant contained in this Section 8 if such party's deemed breach is the result of any action or inaction on the part of the other party.
