Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 37 contracts
Sources: License Agreement (Sesen Bio, Inc.), License Agreement (Relmada Therapeutics, Inc.), License Agreement (ChromaDex Corp.)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party Party to undertake legal action against the other on account thereof, then the prevailing party Party in such action shall be entitled to reasonable attorney’s fees fees, in addition to costs and necessary disbursements.
Appears in 32 contracts
Sources: License Agreement, License Agreement, License Agreement
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s attorneys’ fees in addition to costs and necessary disbursements.
Appears in 27 contracts
Sources: License Agreement (Lexeo Therapeutics, Inc.), License Agreement (Allovir, Inc.), License Agreement (Oncternal Therapeutics, Inc.)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 24 contracts
Sources: License Agreement, License Agreement (Adverum Biotechnologies, Inc.), License Agreement (Adverum Biotechnologies, Inc.)
Failure to Perform. 23.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 12 contracts
Sources: Exclusive License Agreement (Kraig Biocraft Laboratories, Inc), Exclusive License Agreement (Kraig Biocraft Laboratories, Inc), Exclusive License Agreement (Kraig Biocraft Laboratories, Inc)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for If either party finds it necessary to undertake legal action against the other on account thereofof failure of performance due under this Agreement, then the prevailing party shall be is entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 9 contracts
Sources: Exclusive License Agreement (Biotime Inc), Exclusive License Agreement (Asterias Biotherapeutics, Inc.), Know How License and Stock Purchase Agreement (Regenicin, Inc.)
Failure to Perform. In 23.1 If either party takes legal action against the event other because of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereofAgreement, then the prevailing party shall be is entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 8 contracts
Sources: Exclusive License Agreement, Exclusive License Agreement (Bone Biologics Corp), Exclusive License Agreement (Bone Biologics Corp)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for If either party finds it necessary to undertake legal action against the other on account thereofof failure of performance due under this Agreement, then the prevailing party shall be is entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 8 contracts
Sources: Exclusive License Agreement (Merrimack Pharmaceuticals Inc), Exclusive License Agreement (Merrimack Pharmaceuticals Inc), Financing Agreement (NeurogesX Inc)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for 24.1 If either party finds it necessary to undertake legal action against the other on account thereofof failure of performance due under this Agreement, then the prevailing party shall be is entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 7 contracts
Sources: Exclusive License Agreement (Cytori Therapeutics, Inc.), Exclusive License Agreement (Scientific Learning Corp), Exclusive License Agreement (Scientific Learning Corp)
Failure to Perform. 22.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall will be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 6 contracts
Sources: Exclusive License Agreement (Collateral Therapeutics Inc), Exclusive License Agreement (Collateral Therapeutics Inc), Exclusive License Agreement (Collateral Therapeutics Inc)
Failure to Perform. 22.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 5 contracts
Sources: Exclusive License Agreement (Phytotech Inc /Nj/), Technology Transfer Agreement (Aspenbio Inc), Exclusive License Agreement (Candela Corp /De/)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for 24.1 If either party finds it necessary to undertake legal action against the other on account thereofof failure of performance due under this Agreement, then the prevailing party shall be is entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 4 contracts
Sources: Exclusive License Agreement (NeurogesX Inc), Exclusive License Agreement (NeurogesX Inc), Exclusive License Agreement (Renovis Inc)
Failure to Perform. In 24.1. If either Party takes legal action against the event other because of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereofAgreement, then the prevailing party shall be Party is entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 4 contracts
Sources: Exclusive License Agreement (Fibrocell Science, Inc.), Exclusive License Agreement (Fibrocell Science, Inc.), Exclusive License Agreement (Fibrocell Science, Inc.)
Failure to Perform. In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall will be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 4 contracts
Sources: Collaboration and License Agreement (Aurora Biosciences Corp), Collaboration and License Agreement (Aurora Biosciences Corp), Option Agreement (Collateral Therapeutics Inc)
Failure to Perform. In the event of a failure of performance due under this Agreement and if If it becomes necessary for either party to undertake legal action against the other on account thereofbecause of a failure of performance due under the terms of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 4 contracts
Sources: License Agreement (Parabel Inc.), License Agreement (PetroAlgae Inc.), Master License Agreement (PetroAlgae Inc.)
Failure to Perform. 20.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 3 contracts
Sources: License Agreement (uniQure B.V.), License Agreement (uniQure B.V.), License Agreement (Targeted Genetics Corp /Wa/)
Failure to Perform. 23.1 In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s attorneys' fees in addition to costs and necessary disbursements.
Appears in 3 contracts
Sources: License Agreement (Signal Pharmaceuticals Inc), License Agreement (Signal Pharmaceuticals Inc), License Agreement (Signal Pharmaceuticals Inc)
Failure to Perform. In 24.1 If either party takes legal action against the event other because of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereofAgreement, then the prevailing party shall be is entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 3 contracts
Sources: Exclusive License Agreement (Sana Biotechnology, Inc.), Exclusive License Agreement (Cohbar, Inc.), Exclusive License Agreement (Cohbar, Inc.)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party Party to undertake legal action against the other on account thereof, then the prevailing party Party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 3 contracts
Sources: License Agreement (Galecto, Inc.), Standard Terms & Conditions, Service Agreement
Failure to Perform. 24.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 3 contracts
Sources: License Agreement (Introbiotics Phamaceuticals Inc), License Agreement (Intrabiotics Pharmaceuticals Inc /De), License Agreement (Intrabiotics Pharmaceuticals Inc /De)
Failure to Perform. In 23.1 If either party takes legal action against the event other because of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereofAgreement, then the prevailing party shall be is entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 3 contracts
Sources: Exclusive License Agreement (Synthetic Biologics, Inc.), Exclusive License Agreement (Aspect Medical Systems Inc), License Agreement (Progenics Pharmaceuticals Inc)
Failure to Perform. 24.1. In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall will be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 3 contracts
Sources: Exclusive License Agreement (Aurora Biosciences Corp), Exclusive License Agreement (Aurora Biosciences Corp), Exclusive License Agreement (Aurora Biosciences Corp)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s attorneys' fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: License Agreement (Global Cancer Technology, Inc.), License Agreement (ComHear, Inc.)
Failure to Perform. In 24.1 If either party takes legal action against the event other because of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereofAgreement, then the prevailing party shall be is entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Exclusive License Agreement (Bio-Matrix Scientific Group, Inc.), Exclusive License Agreement (JB Clothing Corp)
Failure to Perform. 21.1. In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Exclusive License Agreement (Tetralogic Pharmaceuticals Corp), Exclusive License Agreement (Tetralogic Pharmaceuticals Corp)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for 23.1 If either party finds it necessary to undertake legal action against the other on account thereofof failure of performance due under this Agreement, then the prevailing party shall be is entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Exclusive License Agreement (Ceres Ventures, Inc.), Non Exclusive Sublicense Agreement (Synageva Biopharma Corp)
Failure to Perform. 23.1 In the event even of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Exclusive License Agreement (Mgi Pharma Inc), Development, Marketing and Cooperation Agreement (Mgi Pharma Inc)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party finds it necessary to undertake legal action against the other on account thereofof failure of performance due under this Agreement, then the prevailing party shall be is entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Exclusive License Agreement (Cytokinetics Inc), Exclusive License Agreement (Xxsys Technologies Inc /Ca)
Failure to Perform. 26.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Exclusive License Agreement, Exclusive License Agreement (Celator Pharmaceuticals Inc)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to reasonable and documented costs and necessary disbursements.
Appears in 2 contracts
Sources: License Agreement (Baudax Bio, Inc.), License Agreement (Recro Pharma, Inc.)
Failure to Perform. 22.1. In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s attorneys’ fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Exclusive License Agreement (REVA Medical, Inc.), Exclusive License Agreement (REVA Medical, Inc.)
Failure to Perform. 19.1 In the event of a material failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall will be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Exclusive License Agreement (Prometheus Laboratories Inc), Exclusive License Agreement (Prometheus Laboratories Inc)
Failure to Perform. 22.1. In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s attorneys' fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Exclusive License Agreement, Exclusive License Agreement (REVA Medical, Inc.)
Failure to Perform. 22.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall will be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursementsdisbursements of attorneys.
Appears in 2 contracts
Sources: Exclusive License Agreement (Megabios Corp), Exclusive License Agreement (Megabios Corp)
Failure to Perform. In the event of a failure of performance due under the terms of this Option Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall will be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 2 contracts
Sources: Option Agreement (Cambridge Neuroscience Inc), Option Agreement (Cambridge Neuroscience Inc)
Failure to Perform. 27.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall will be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 1 contract
Sources: Exclusive License (Kinemed Inc)
Failure to Perform. 22.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall will be entitled to reasonable attorney’s fees in addition to costs casts and necessary disbursements.
Appears in 1 contract
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.. * CONFIDENTIAL TREATMENT REQUESTED
Appears in 1 contract
Sources: Settlement Agreement (Repligen Corp)
Failure to Perform. In the event of a failure of performance due under this Agreement and if If it becomes necessary for either party to undertake legal action against the other on account thereofbecause of a failure of performance due under the terms of this Agreement, then the prevailing party shall be entitled to recover reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 1 contract
Failure to Perform. In 19.1 If either party takes legal action against the event other because of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereofAgreement, then the prevailing party shall be is entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 1 contract
Sources: Non Exclusive License Agreement
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, . then the prevailing party shall be entitled to reasonable attorney’s attorneys' fees in addition to costs and necessary disbursements.
Appears in 1 contract
Failure to Perform. 28.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereofof such failure, then the prevailing party shall be will he entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 1 contract
Failure to Perform. In 16.1. If either party takes legal action against the event other because of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereofAgreement, then the prevailing party shall be is entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 1 contract
Sources: License Agreement
Failure to Perform. In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 1 contract
Sources: License Agreement (Apbiotech)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for If either party finds it necessary to undertake legal action against the other on account thereofof failure of performance due under this Agreement, then the prevailing party shall be is entitled to reasonable attorney’s attorneys' fees in addition to costs and necessary disbursements.
Appears in 1 contract
Sources: Exclusive License Agreement (Siga Technologies Inc)
Failure to Perform. 22.1. In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall will be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 1 contract
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s attorneys fees in addition to costs and necessary disbursements.
Appears in 1 contract
Failure to Perform. 23.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.. 26
Appears in 1 contract
Sources: Exclusive License Agreement (Avax Technologies Inc)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s attorney fees in addition to costs and necessary disbursements.
Appears in 1 contract
Failure to Perform. 23.1. In the event of a failure of performance due under the terms of this Agreement Agreement, and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.
Appears in 1 contract
Sources: Exclusive License Agreement (MultiCell Technologies, Inc.)
Failure to Perform. 23.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 1 contract
Sources: Exclusive License Agreement (Adherex Technologies Inc)
Failure to Perform. In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.. 25. GOVERNING LAWS
Appears in 1 contract
Sources: License Agreement (Vyrex Corp)
Failure to Perform. 22.1 In the event of a failure of performance due under the terms of this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 1 contract
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for If either party finds it necessary to undertake legal action against the other on account thereofof failure of performance hereunder, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.
Appears in 1 contract
Sources: Patent Sublicense Agreement (Ceragenix Pharmaceuticals, Inc.)
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS DOCUMENT. CONFIDENTIAL PROVISIONS HAVE BEEN OBSCURED.
Appears in 1 contract
Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to seek reasonable attorney’s attorneys’ fees in addition to costs and necessary disbursements.
Appears in 1 contract
Sources: Research Agreement (GTX Inc /De/)