Extrinsic Evidence. It is expressly agreed by Lessee, as a material consideration for the execution of this Lease Agreement, that this Lease with the specific reference to written extrinsic documents, is the entire agreement of the parties; that there are, and were, no verbal representations, understandings, stipulations, agreements or promises pertaining to this Lease Agreement or the expressly mentioned written extrinsic documents not incorporated in writing in this Lease Agreement. It is likewise agreed that this Lease may not be altered, waived, amended, or extended except by an instrument in writing, signed by both Lessor and Lessee.
Extrinsic Evidence. It is expressly agreed by Tenant, as a material consideration for the execution of this Lease Agreement, that this Lease with the specific references to written extrinsic documents, is the entire agreement of the parties; that there are, and were, no verbal representations, understandings, stipulations, agreements or promises pertaining to this Lease Agreement or the expressly mentioned written extrinsic documents not incorporated in writing in this Lease Agreement. It is likewise agreed that this Lease may not be altered, waived amended or extended except by an instrument in writing, signed by both Landlord and Tenant.
Extrinsic Evidence. [105] Although parties may argue that the collective agreement provisions in dispute are clear and unambiguous on their face it is not uncommon for them to adduce negotiation evidence. The primary purpose of extrinsic evidence is that the parties may reveal an understanding of their mutual intentions through their words and/or conduct, either through the negotiation of, or in the administration of, the provisions of the agreement that are in dispute.
Extrinsic Evidence. One of defendants’ witnesses was Xxxxx Xxxx, Professor of Veterinary and Animal Research at the University of Massachusetts. Xxxx is a co-inventor on U.S. Patent No. 4,994,384, which was applied for in 1987, The patent uses the term oocyte to refer to an oocyte that has received a donor cell. See, e.g., ‘384 patent, col. 3, In. 46; col. 4, in 67-col. 5. In. 5. Xxxx was a co-author with defendant Xxxxx of a paper published in 1988 in which the term oocyte was used to refer to an oocyte that had been fused with a donor cell. See Plt’s Htg. Exh. #27. In three papers published in 1998, defendant Xxxxx and other scientists used the term oocyte to refer to the product of fusion of a donor cell with a recipient oocyte. See, e.g., Xxxx X. Xxxxxxx, Xxxxx X. Xxxxx et al., Cloned Transgenic Calves Produced from Nonquiescent Fetal Fibroblasts, 280 Science 1256 (1998) (“When the donor cell is fused to the recipient oocyte, which is arrested in the second metaphase in meiosis, the nuclear envelope breaks down and the chromosomes condense until the oocyte is activated.”) and 1258 n.12 (“successfully enucleated oocytes were fused with actively dividing CL 1 fibroblasts. After 2 to 4 hours, oocytes were then chemically activated” with calcium ionophore and DMAP); W. Xxxxxxx Xxxxxx, Xxxxxx X. Xxxxx et al., Somatic cell cloned transgenic bovine neurons for transplantation in parkinsonian rats, 42 Nature Medicine 572 (1998) (describing activation of oocytes following fusion of recipient enucleated oocyte with individual donor fibroblasts); Xxxx X. Xxxxxxx, Xxxxx X. [sic] Xxxxx et al., Transgenic Bovine Chimeric Offspring Produced from Somatic Cell-derived Stem-Like Cells (1998) (draft), Plt’s Hrg. Exh. #8, A 001494-95 (describing activation of oocytes that had been fused with donor cells). FACTS FOUND TO BE UNDISPUTED FOR PURPOSE OF SUMMARY JUDGMENT From the findings of fact proposed by the parties, I find the following facts to be undisputed. Plaintiff Infigen, Inc is a Delaware corporation with its principal place of business in Madison, Wisconsin. Defendant Advanced Cell Technology, Inc. is a Delaware corporation with its principal place of business in Worcester, Massachusetts. The defendant company was founded in 1994 to develop and commercialize technologies related to the genetic modifications of cells and the use of those cells to produce cloned transgenic animals for agricultural and biomedical applications. Defendant Xxxxxx X. Xxxxx is an individual and a named inven...
Extrinsic Evidence
