Common use of Have Made Right Clause in Contracts

Have Made Right. The rights granted to Licensee pursuant to Section 3.1 include the right for Licensee or Licensee Affiliate to have Licensed Products manufactured by an Authorized Manufacturer solely for the account of Licensee or Licensee Affiliate and the subsequent sale by Licensee or Licensee Affiliate. Such right to have Licensed Product manufactured by an Authorized Manufacturer shall terminate in the event that such Authorized Manufacturer engages in any action in connection with the Licensed Product that would breach this License Agreement if performed by Licensee or Licensee Affiliate and the breach is not cured by the Authorized Manufacturer or Licensee within a forty- five (45) day period of Licensee being notified of the breach. Licensee and Licensee Affiliate shall not exercise this "have made" right in a manner such that it is a sham for the purpose of effectively sublicensing the Licensed Product to third parties. Except as provided by this paragraph, Licensee and Licensee Affiliate are not permitted to authorize third parties to make Licensed Product.

Have Made Right. The rights granted to Licensee Parties pursuant to Section 3.1 include the right for Licensee or Licensee Affiliate Parties to have Licensed Products manufactured by an Authorized Manufacturer solely for the account of Licensee or Licensee Affiliate Parties and the subsequent sale by Licensee or Licensee AffiliateParties. Such right to have Licensed Product manufactured by an Authorized Manufacturer shall terminate in the event that such Authorized Manufacturer engages in any action in connection with the Licensed Product that would breach this License Agreement if performed by Licensee or Licensee Affiliate Parties and the breach is not cured by the Authorized Manufacturer or Licensee Parties within a forty- forty-five (45) day period of Licensee being notified of the breach. Licensee and Licensee Affiliate Parties shall not exercise this "have made" right in a manner such that it is a sham for the purpose of effectively sublicensing the Licensed Product to third parties. Except as provided by this paragraph, Licensee and Licensee Affiliate Parties are not permitted to authorize third parties to make Licensed Product.