Nova. (print) Title: Member -------------------------------- Address: c/o Highland Capital Partners Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Fax: (000) 000-0000 HIGHLAND ENTREPRENEURS' FUND III LIMITED PARTNERSHIP By: HEF III, LLC, its General Partner By: /s/ Xxxxxx X. Nova -----------------------------------
Nova. (print) Title: General Partner -------------------------------------- Address: c/o Highland Capital Partners Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Fax: (000) 000-0000 HIGHLAND ENTREPRENEURS' FUND III LIMITED PARTNERSHIP By: HEF III, LLC, its General Partner By: /s/ Xxxxxx J Nova -------------------------------------- Name: Xxxxxx J Nova -------------------------------------- (print) Title: Member -------------------------------------- Address: c/o Highland Capital Partners Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Fax: (000) 000-0000 SIGNATURE PAGE TO eTOYS INC. AMENDED AND RESTATED RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENT INVESTORS: idealab! CAPITAL PARTNERS I-A, LP By its General Partner, idealab! Capital Management I, LLC By: /s/ Xxxxxxx Xxxxx -------------------------------------- Xxxxxxx Xxxxx Managing Member Address: c/o idealab! Capital Partners 000 Xxxx Xxxxx Xxxxxx Xxxxxxxx, XX 00000 Fax: (000) 000-0000 idealab! CAPITAL PARTNERS I-B, LP By its General Partner, idealab! Capital Management I, LLC By: /s/ Xxxxxxx Xxxxx -------------------------------------- Xxxxxxx Xxxxx Managing Member Address: c/o idealab! Capital Partners 000 Xxxx Xxxxx Xxxxxx Xxxxxxxx, XX 00000 Fax: (000) 000-0000 SIGNATURE PAGE TO eTOYS INC. AMENDED AND RESTATED RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENT INVESTORS: BESSEMER VENTURE PARTNERS IV L.P. By: Deer IV & Co. LLC, General Partner By: /s/ Xxxxxx X. Xxxxxxxx ------------------------------------- Name: Xxxxxx X. Xxxxxxxx Title: Manager Address: 0000 Xxx Xxxxxxx Xxxx, Xxxxx 000 Xxxxxxxx, XX 00000 Fax: (000) 000-0000 BESSEMER VENTURE INVESTORS L.P. By: Deer IV & Co. LLC, General Partner By: /s/ Xxxxxx X. Xxxxxxxx ------------------------------------- Name: Xxxxxx X. Xxxxxxxx Title: Manager Address: 0000 Xxx Xxxxxxx Xxxx, Xxxxx 000 Xxxxxxxx, XX 00000 Fax: (000) 000-0000 BESSEC VENTURES IV L.P. By: Deer IV & Co. LLC, General Partner By: /s/ Xxxxxx X. Xxxxxxxx ------------------------------------- Name: Xxxxxx X. Xxxxxxxx Title: Manager Address: 0000 Xxx Xxxxxxx Xxxx, Xxxxx 000 Xxxxxxxx, XX 00000 Fax: (000) 000-0000 SIGNATURE PAGE TO eTOYS INC. AMENDED AND RESTATED RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENT INVESTORS: SEQUOIA CAPITAL VIII SEQUOIA INTERNATIONAL TECHNOLOGY PARTNERS SEQUOIA INTERNATIONAL TECHNOLOGY PARTNERS Q CMS SEQUOIA 1997 By: /s/ Xxxxxxx Xxxxxx --------------------------------------- Name: Xxxxxxx Xxxxxx ------------------------------------- (print) Title: ------------------------------------ Address: ...
Nova. Factor represents that it has the authority to enter into this Agreement and that its execution of this Agreement and its performance of its obligations hereunder will not conflict with and is not prohibited by any other agreement to which Nova Factor is a party.
Nova. (print) Title: Member -------------------------------- Address: c/o Highland Capital Partners Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Fax: (000) 000-0000 SIGNATURE PAGE TO eTOYS INC. SECOND AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT INVESTORS: HIGHLAND CAPITAL PARTNERS IV LIMITED PARTNERSHIP By: /s/ Xxxxxx X. Nova -----------------------------------
Nova. Factor shall not assign this Security Agreement, in whole or in part, whether by operation of law or otherwise, without the prior written consent of Secured Party.
Nova. NOVA Gas Transmission Ltd. or its successor.
Nova. Factor shall unload each shipment of Product immediately upon receipt from Biogen in accordance with the applicable SOP. The parties acknowledge that preparation of the SOPs will continue after execution of this Agreement and Biogen and Nova Factor shall each use reasonable efforts and shall each cooperate with the other to develop a set of mutually agreeable SOPs within three (3) months after execution of this Agreement. Nova Factor shall store Product in a refrigerated storage area at the Facility. Nova Factor shall notify Biogen prior to moving Product to another location for storage and distribution. Nova Factor shall use storage facilities and storage conditions for Product which comply with applicable SOPs. Nova Factor shall at all times handle and store Product in accordance with applicable SOPs. Nova Factor shall not alter Product packaging without Biogen's consent (except to remove Product from the shipping containers) and shall not alter Product labeling except to add a prescription label to Product. Nova Factor shall at all times comply with the information and recommendations communicated by Biogen in writing with respect to the storage, handling and shipment of Products, provided that if such information and recommendations are materially different than those included in the SOPs or otherwise set forth in this Agreement and result in a material increase in the costs incurred by Nova Factor in performing its obligations under this Agreement, the parties shall negotiate in good faith *. Nova Factor shall be responsible for all costs associated with storage, handling and shipment from the Facility of Product.
Nova. Factor shall carefully examine Products upon delivery and shall notify Biogen within one (1) business day of any nondelivery of a portion of a shipment or any defect in any Product which is reasonably discoverable upon visual inspection of the Product without unloading individual shipping units. Along with notice of any defect, Nova Factor shall furnish to Biogen a detailed description of the nature of the defect. Upon receipt of notice of any defect or nondelivery, Biogen, at its option, shall replace or repair any defective Product or issue Nova Factor a credit in the amount of the purchase price paid for any defective Product or replace or issue Nova Factor a credit in the amount of purchase price paid for any undelivered Product. Except as set forth in Section 16, the preceding sentence sets forth Biogen's sole liability with respect to Product defects reasonably discoverable upon visual inspection of the Product without unloading individual shipping units or with respect to Product that is not in accordance with Nova Factor's order and Section 9.1 sets forth Biogen's sole liability with respect to other Product defects and Biogen shall not be otherwise liable to Nova Factor. In the absence of written notice from Nova Factor to Biogen in accordance with the terms of this Section 3.4, a shipment of Products shall be deemed to have been delivered and accepted by Nova * Omitted information is the subject of a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933 and has been filed separately with the Securities Exchange Commission. Factor as complete and in satisfactory condition. Nova Factor shall, at Biogen's request and expense, follow Biogen's instructions to return to Biogen or Biogen's third party disposal company any Products delivered to Nova Factor which are not in compliance with the Specifications. Nova Factor shall cooperate with Biogen in investigating the cause of any defect in Product.
Nova. Factor shall use its best efforts to resolve reimbursement issues of customers who would like to purchase Product from Nova Factor. If Biogen has engaged
Nova. Factor shall notify the designated contact in Biogen's Drug Safety and Medical Information Group (or such other person as Biogen may designate), by telephone, immediately (but in no event later than one (1) business day) after receipt of notice of an Adverse Event associated with the Product or after Nova Factor or any of its agents or employees becomes aware of an Adverse Event associated with the Product. Nova Factor shall confirm each notice of an Adverse Event by providing to Biogen within two (2) business days a written report in the format required for Adverse Events by the FDA, or, at Biogen's request, in the format provided by Biogen. All communications and reports regarding Adverse Events shall be sent to: Biogen, Inc., 00 Xxxxxxxxx Xxxxxx, Xxxxxxxxx, XX 00000, Attention: Director - Drug Safety and Medical Information Group, Fax No. (000) 000-0000, or to such other address as Biogen may from time to time designate.
