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.
Appears in 4 contracts
Samples: Transfer and Assumption Agreement (Aaipharma Inc), Transfer and Assumption Agreement (Xanodyne Pharmaceuticals Inc), Transfer and Assumption Agreement (Aaipharma Inc)
Deemed Breach of Covenant. Neither Lilly nor NeoSan NEOSAN will be deemed to be in breach of this Manufacturing Agreement to the extent if such Party's deemed breach is the result of any action or inaction on the part of the other Party.
Appears in 1 contract
