Relationship to License Agreement. In the event of any conflict between the terms of this Addendum No. 2 and the terms of any other part of the License Agreement with respect to the subject matter of this Addendum No. 2, the terms of this Addendum No. 2 shall supersede the terms of such other part with respect to the subject matter of this Addendum No. 2. Portions of this exhibit have been omitted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. The omissions have been indicated by the phrase “[*confidential treatment requested/material filed separately*]”, and the omitted text has been filed separately with the Securities and Exchange Commission. EXHIBIT A (to Addendum No. 2) CBOE INDEX METHODOLOGIES AND CBOE MARKS
Relationship to License Agreement. This Sublicense is subordinate to the terms and conditions of the License Agreement, which, in case of conflict with anything contained in this Sublicense, prevails. The Fund’s rights under this Sublicense will not exceed the rights of DHCM under the License Agreement. This Sublicense, and IBD’s approval of this Sublicense, does not amend the License Agreement in any respect, either expressly or by implication. Without limitation of the foregoing, the Fund acknowledges and agrees that IBD, on behalf of itself and its Affiliates, reserves the unrestricted right to use the name and xxxx, “CAN SLIM” without the word “Select” for any and all purposes, within and without the Territory, and to grant licenses to third parties to do so. Exhibit D
Relationship to License Agreement. 1 2. DEFINITIONS........................................................1
Relationship to License Agreement. 1.2.1. This Agreement shall be incorporated within and constitute a part of the Xyrem License and Distribution Agreement (the "License Agreement") by and between CELLTECH and ORPHAN effective October 29, 2003.
Relationship to License Agreement. This Addendum is in addition to the terms and conditions of the License Agreement and does not limit the parties' rights and obligations under the License Agreement; provided, that this Addendum shall govern to the extent it conflicts with any term or condition of the License Agreement.
Relationship to License Agreement. Unless the Parties otherwise agree in writing, this Agreement will terminate immediately upon the termination of the Development Program prior to completion or the termination of the License Agreement.
Relationship to License Agreement. Nothing in this Agreement shall modify or limit Xxxx’x rights and privileges as established in the License Agreement. In the event of any conflict between this Agreement and the terms of the License Agreement, the Parties agree that the terms of the License Agreement shall prevail.
Relationship to License Agreement. Termination of the License Agreement by Licensee (as defined in the License Agreement) pursuant to Section 8 thereof does not entitle the CBOT Group Parties to terminate this Agreement. Further, for purposes of Section 6 of the License Agreement, only a breach described in Sections 3.3(e) and 10.2(f) and (h) shall be deemed to be a material breach of a material provision of this Agreement. Nothing in this Section 10.3 shall be deemed to limit any other termination rights, remedies, or arbitration provisions set forth in this Agreement or in the License Agreement.
Relationship to License Agreement. Nothing in this Agreement shall --------------------------------- modify or limit Xxxx'x rights and privileges as established in the Technology License Agreement entered into between Xxxx and the Company on June 23, 1995. In the event of any conflict between this Agreement and the terms of the License Agreement the parties agree that the terms of the License Agreement shall prevail.
Relationship to License Agreement. It is understood that to the extent that Project Inventions and/or Project Patents are covered by the definitions of “Licensed Patent Rights” or “Licensed Technology” under the License Agreement, such Project Inventions and Project Patents shall be included as part of the licenses granted under the License Agreement. This Agreement is not intended to, and the terms of this Agreement will not be deemed to, modify or amend any licenses, terms or definitions in the License Agreement.
