Effect of Partial Termination. Section 13.33 of the Contract shall be deleted in its entirety and replaced as follows: “If Purchaser timely exercises its right to terminate this Contract with respect to any one or more (but not all) of the Properties (each a “Terminated Property”) pursuant to any one or more of the provisions of Section 4.4, Section 4.6.9, Section 4.7, Section 4.8.5, Section 4.11.10, Section 8.1, Section 10.2, Section 11.1 and/or Section 12.1 hereof, then the following provisions shall apply: (i) if such Terminated Property is located in the State of Maryland, then this Contract shall automatically terminate with respect to all (but not less than all) Maryland Properties and each of the Maryland Properties shall be deemed to be a Terminated Property, (ii) if such Terminated Property is located in the State of Texas, then this Contract shall automatically terminate with respect to all (but not less than all) Texas Properties and each of the Texas Properties shall be deemed to be a Terminated Property, (iii) this Contract shall automatically be deemed modified to (a) remove each Terminated Property as a “Property” hereunder and (b) remove the owner of each Terminated Property as a “Seller” hereunder, such that such owner shall no longer constitute a party to this Contract, and, accordingly, such owner and Purchaser shall no longer have any further rights or obligations hereunder to each other, except for the Survival Provisions and (iv) subject to the terms of Section 2.3.3 hereof, Escrow Agent shall release to Purchaser the Allocated Deposit Amount for each Terminated Property, and the Deposit shall be deemed to be reduced by the amount of the Allocated Deposit Amount for each Terminated Property.”
Effect of Partial Termination. The compensation amount shall be revised as a result of a partial termination under this section. On fixed-price contracts the revised amount shall not exceed the pre-termination contract price plus reasonable termination expenses. On cost-reimbursement contracts the revised amount shall not exceed the total of allowable and allocable costs of performance prior to termination plus termination expenses plus an adjustment of the fee on the terminated portion of the Agreement. No payment will be made for anticipated profits on the terminated portion, or consequential damages, of this Agreement. Contractor shall submit a settlement proposal within thirty (30) days of the notice of termination.
Effect of Partial Termination. In the event there is any termination under this Agreement (including without limitation any termination provided for under Section 3.5(b), 3.6, 4.2(a), 5.3(c), 11.2, 11.4(a) or 11.4(b), where such termination is only effective as to a particular Licensed Product and/or certain indication for such Licensed Product, the Parties acknowledge and agree that with respect to any other Licensed Product and/or indication licensed at such time to Fujisawa under this Agreement, the terms and conditions of this Agreement shall remain in full force and effect, subject to Section 11.5.
Effect of Partial Termination. In the event of a termination of the Agreements pursuant to this Article 19 as to part of the Products and Services provided or to be provided by Supplier hereunder and thereunder, the Agreements shall remain in effect with respect to those Products and Services still to be provided by Supplier.
Effect of Partial Termination. In the event Allergan terminates this Agreement with respect to a certain Development Compounds or Products in certain countries pursuant to Section 14.4.5, and the Parties determine that CNSI could market such Product (or a Product containing such Development Compound) in such country without interfering with Allergan's regional marketing plans, Allergan shall (a) to the extent legally permissible, take all additional action reasonably necessary to assign all of its right, title and interest in and transfer possession and control to CNSI of the Regulatory Filings only in such country, and (b) deliver to CNSI the Development Information, with respect to such Product only in such country. All such Regulatory Filings and Development Information shall be transferred to CNSI without warranty and Allergan shall have no liability for the accuracy or suitability thereof and shall have no liability to CNSI for any damages, claims or expenses that CNSI may incur with respect to the use thereof.
Effect of Partial Termination. In the event that Xxxxx’x distribution rights are reduced as provided for in Section 3.2, Xxxxx shall assist and cooperate with MacroPore by providing MacroPore at MacroPore’s cost any regulatory materials related to the Territory and in executing any documents, if any, necessary to effectuate the distribution of the product through another distributor in parallel to Xxxxx in the Territory.
Effect of Partial Termination. The termination of Suite 270 pursuant to this Amendment shall not be deemed to relieve either party of any obligation under the Lease that would otherwise survive its expiration or sooner termination.
Effect of Partial Termination. In the event termination of one or more IPAs does not result in termination of the Agreement, the parties' rights and responsibilities with respect to the terminated IPAs shall be determined with reference to the relevant subsection of this Article 4, such that, for example, early termination of an IPA would be governed by Sections 4.4 and/or 4.6, as applicable.
Effect of Partial Termination. (a) The Partial Termination of this Agreement pursuant to this Article 9 shall not (i) relieve a Party hereto of any obligation accruing to such Party prior to such termination, or (ii) result in the waiver of any right or remedy by a Party hereto accruing to such Party prior to such termination, or (iii) result in the termination or modification of any rights or obligations of a Party under the Agreement not involved in such Partial Termination. *[NOTE: CERTAIN PORTIONS OF THIS DOCUMENT HAVE BEEN MARKED TO INDICATE THAT CONFIDENTIAL INFORMATION HAS BEEN OMITTED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR THIS CONFIDENTIAL INFORMATION. THE CONFIDENTIAL PORTIONS HAVE BEEN PROVIDED SEPARATELY TO THE SECURITIES AND EXCHANGE COMMISSION.]
Effect of Partial Termination. In the event of a partial termination of the Plan, the provisions of Section 17.02 shall apply to those Participants affected by the partial termination.
