Common use of Non-Fulfillment of Conditions Clause in Contracts

Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 above (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other AVI-SuperGen Agreements by such Party.

Appears in 2 contracts

Samples: And Development Agreement (Supergen Inc), And Development Agreement (Avi Biopharma Inc)

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Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 Article16.14 above (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other AVISuperGen-SuperGen Xxxxxx Agreements by such Party.

Appears in 2 contracts

Samples: Development Agreement (Abbott Laboratories), Development Agreement (Supergen Inc)

Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 16.14 above (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of 57 this Agreement or any of the other AVISuperGen-SuperGen Xxxxxx Agreements by such Party.

Appears in 1 contract

Samples: Confidential Treatment (Abbott Laboratories)

Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 above this Section 16.8 (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other AVITriangle-SuperGen Xxxxxx Alliance Agreements by such Party.

Appears in 1 contract

Samples: Collaboration Agreement (Triangle Pharmaceuticals Inc)

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Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 Article16.14 above (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other AVISuperGen-SuperGen Abbott Agreements by such Party.. ARTICLE 17: TRANSFER OF TECHNOLOGY 17.1

Appears in 1 contract

Samples: www.sec.gov

Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 above this Section 16.8 (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other AVITriangle-SuperGen Abbott Alliance Agreements by such Party.

Appears in 1 contract

Samples: License Agreement (Triangle Pharmaceuticals Inc)

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