Common use of Nova Clause in Contracts

Nova. Factor represents that it now has and shall maintain a full force during the term of this Agreement all federal and state pharmacy, wholesaler and other licenses or approvals required by Nova Factor to fulfill its obligations under this Agreement, except as otherwise set forth in Section 12.3, and except that Nova Factor shall not be required to maintain its licenses in any state which amends its laws and regulations to require an in-state pharmacy presence as a requirement for licensing if the new requirement would materially increase the costs incurred by Nova Factor in performing its obligations under this Agreement. Nova Factor shall provide Biogen with notice of any communications with Pharmacy licensing boards which relate to potential problems with facilities, operations or procedures used by Nova Factor in its distribution of Product, including notices of inquiries, investigations or inspections and resulting findings.