Common use of Failure to Perform Clause in Contracts

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 35 contracts

Samples: License Agreement (Sesen Bio, Inc.), License Agreement (Chimerix Inc), License Agreement (Otonomy, Inc.)

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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

Samples: License Agreement (Neurologix Inc/De), Evaluation License Agreement (Neoprobe Corp), 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 24 contracts

Samples: Agreement, License Agreement (Navidea Biopharmaceuticals, Inc.), License Agreement (TearLab 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 21 contracts

Samples: License Agreement, License Agreement, License Agreement

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

Samples: 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 8 contracts

Samples: Exclusive License Agreement (Biotime Inc), Exclusive License Agreement (Asterias Biotherapeutics, Inc.), License Agreement (Dynavax Technologies Corp)

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

Samples: Exclusive License Agreement (Cytori Therapeutics, Inc.), Certain (Scientific Learning Corp), Certain (Scientific Learning Corp)

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 7 contracts

Samples: Exclusive License Agreement (Bone Biologics Corp), Exclusive License Agreement (Gevo, Inc.), Amended and Restated 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 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 6 contracts

Samples: Commercial Supply and License Agreement (NeurogesX Inc), Exclusive License Agreement (Renovis Inc), Exclusive License Agreement (NeurogesX 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 6 contracts

Samples: Agreement (Aurora Biosciences Corp), Agreement (Aurora Biosciences Corp), Agreement (Aurora Biosciences 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

Samples: Exclusive License Agreement (Collateral Therapeutics Inc), Exclusive License Agreement (Collateral Therapeutics Inc), Collateral Therapeutics 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 fees in addition to costs and necessary disbursements.

Appears in 6 contracts

Samples: Exclusive License Agreement (Salmedix Inc), Exclusive License Agreement (Onsource Corp), Exclusive License Agreement (Macropore 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

Samples: License Agreement (Candela Corp /De/), Technology Transfer Agreement (Aspenbio Inc), Supplement License Agreement (Nucycle Therapy 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

Samples: 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 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

Samples: Master License Agreement (PetroAlgae Inc.), License Agreement (PetroAlgae Inc.), License Agreement (Parabel 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

Samples: Exclusive License Agreement (Cohbar, Inc.), License Agreement (Cohbar, Inc.), Exclusive License Agreement (Sana Biotechnology, Inc.)

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

Samples: License Agreement (Signal Pharmaceuticals Inc), License Agreement (Signal Pharmaceuticals Inc), License Agreement (Signal 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 be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursements.

Appears in 3 contracts

Samples: Certain (Intrabiotics Pharmaceuticals Inc /De), Certain (Intrabiotics Pharmaceuticals Inc /De), Certain (Introbiotics Phamaceuticals 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

Samples: License Agreement (uniQure B.V.), License Agreement (uniQure B.V.), License Agreement (Targeted Genetics Corp /Wa/)

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 3 contracts

Samples: License Agreement (CytomX Therapeutics, Inc.), Non Exclusive Sublicense Agreement (Synageva Biopharma Corp), Exclusive License Agreement (Ceres Ventures, 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 's fees in addition to costs and necessary disbursements.

Appears in 3 contracts

Samples: Exclusive License Agreement (Synthetic Biologics, Inc.), License Agreement (Progenics Pharmaceuticals Inc), License Agreement (Aspect Medical Systems Inc)

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

Samples: Option Agreement (Cambridge Neuroscience Inc), Option Agreement (Cambridge Neuroscience 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

Samples: Exclusive License Agreement (Bio-Matrix Scientific Group, Inc.), Exclusive License Agreement (JB Clothing 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

Samples: Exclusive License Agreement (Mgi Pharma Inc), 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 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

Samples: License Agreement (Global Cancer Technology, Inc.), License Agreement (ComHear, 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

Samples: Prometheus Laboratories Inc, 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 will be entitled to reasonable attorney’s 's fees in addition to costs and necessary disbursementsdisbursements of attorneys.

Appears in 2 contracts

Samples: Exclusive License Agreement (Megabios Corp), Exclusive License Agreement (Megabios 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 attorneys’ fees in addition to costs and necessary disbursements.

Appears in 2 contracts

Samples: Exclusive License Agreement Number 2 (REVA Medical, Inc.), Exclusive License Agreement Number 2 (REVA Medical, 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 2 contracts

Samples: www.esg.adec-innovations.com, www.adecesg.com

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

Samples: License Agreement (Tetralogic Pharmaceuticals Corp), 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 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

Samples: License Agreement (Baudax Bio, Inc.), License Agreement (Recro 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

Samples: Exclusive License Agreement (Cytokinetics Inc), Exclusive License Agreement (Xxsys Technologies Inc /Ca)

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 1 contract

Samples: 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 be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

Appears in 1 contract

Samples: License Agreement (Syneron Medical Ltd.)

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.. 25. GOVERNING LAWS

Appears in 1 contract

Samples: License Agreement (Vyrex Corp)

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 1 contract

Samples: Option Agreement (Collateral Therapeutics 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

Samples: Kinemed Inc

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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

Samples: License Agreement (Repligen 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 fees in addition to costs casts and necessary disbursements.

Appears in 1 contract

Samples: Exclusive License Agreement (Aries Ventures 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 costs and necessary disbursements.. Public Sector Patent License

Appears in 1 contract

Samples: Sample Agreement

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

Samples: Exclusive License Agreement (MultiCell Technologies, 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.. 106

Appears in 1 contract

Samples: Exclusive License Agreement (Regenicin, 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.

Appears in 1 contract

Samples: Apbiotech

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

Samples: License Agreement (Progenics 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 costs and necessary disbursements.. 10.6

Appears in 1 contract

Samples: Agreement and Plan of Acquisition (Avalon Oil & Gas, 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 hereunder, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

Appears in 1 contract

Samples: 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 attorneys fees in addition to costs and necessary disbursements.

Appears in 1 contract

Samples: License Agreement (Relmada Therapeutics, 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.. 26

Appears in 1 contract

Samples: Execution Copy (Avax Technologies 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 attorneys' fees in addition to costs and necessary disbursements.

Appears in 1 contract

Samples: Exclusive License Agreement (Siga Technologies Inc)

Failure to Perform. In the event of a failure of performance due under this Agreement and if it becomes necessary for 22.1 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 1 contract

Samples: License Agreement (Peninsula Acquisition Corp)

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

Samples: 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

Samples: License Agreement (Global Cancer Technology, 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

Samples: License Agreement (Viventia Biotech 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 seek reasonable attorney’s attorneys’ fees in addition to costs and necessary disbursements.

Appears in 1 contract

Samples: Research Agreement (GTX Inc /De/)

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

Samples: Exclusive License Agreement (Urosurge 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

Samples: Exclusive License Agreement (Adherex Technologies Inc)

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

Samples: License Agreement

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 1 contract

Samples: Exclusive License Agreement (Celator Pharmaceuticals 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 recover reasonable attorney’s fees in addition to costs and necessary disbursements.

Appears in 1 contract

Samples: Master License Agreement (PetroAlgae Inc.)

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

Samples: License Agreement (Alien Technology Corp)

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