Sublicensee Obligations. In the event EyeTech sublicenses its right to sell a Product, such sublicense shall include an obligation for the sublicensee to account for and report its Net Sales of Products and provide that Gilead shall have audit rights therefor pursuant to this Section 3 on the same basis as if such sales were Net Sales of Products by EyeTech, and EyeTech shall pay royalty payments to Gilead as if the Net Sales of the sublicensee were Net Sales of EyeTech.
Sublicensee Obligations. All Sublicenses granted by Astra shall ----------------------- provide that the obligations of Astra to Licensors under Sections 5, 9, 11 and 12 of this License Agreement shall be binding upon Sublicensee as if it were a party to this License Agreement.
Sublicensee Obligations. The Sublicensee acknowledges that it has received and read a copy of the License Agreement (excluding Schedule B) and agrees to be bound to Licensor and Licensee under this Agreement as if Sublicensee were the Licensee under the License Agreement by all of the provisions therein including without limitation, all of the provisions imposing any obligations on the Licensee (including without limitation the indemnification obligations in Section 9) insofar as such provisions relate to or such obligations arise out of or relate to the Products to be issued, marketed and/or sold by the Sublicensee as described in Appendix A to the License Agreement, other than the obligation to pay the License Fees imposed by Section 3 of the License Agreement which shall be paid by Licensee.
Sublicensee Obligations. All sublicenses granted by Licensee shall provide that the obligations to OMRF of Licensee under Sections 3, 5, 7, 8, 9, 10,
Sublicensee Obligations. In the event EyeTech sublicenses its right to sell a Product, such sublicense shall include an obligation for the sublicensee to account for and report its Net Sales of Products, specifically including an itemization of quantities of Products sold. The sublicense shall also provide that CMI shall have audit rights therefor pursuant to this Section 3 on the same basis as if such sales were Net Sales of Products by EyeTech, and EyeTech shall pay royalty payments to CMI as if the Net Sales of the sublicensee were Net Sales of EyeTech. In addition, all sublicensees shall be subject to all of the obligations imposed upon CMI and EyeTech by the USC License as described in Section 2.4 hereof, including, without limitation, the indemnification and insurance obligations provided therein.
Sublicensee Obligations. All Sublicenses granted by Licensee shall ----------------------- provide that the obligations to Licensor of Licensee under sections 5, 9, 11 and 12 of this Agreement shall be binding upon Sublicensee as if it were a party to this Agreement. 2.5
Sublicensee Obligations. The Sublicensee acknowledges that it has received and read a copy of the License Agreement (excluding Schedule B) and agrees to be bound to Licensor and Licensee under this Agreement as if Sublicensee were the Licensee under the License Agreement by all of the provisions therein imposing any obligations on the Licensee (including without limitation the indemnification obligations in Section 9) insofar as such obligations arise out of or relate to the Products to be issued, marketed and/or sold by the Sublicensee as described in Appendix A hereto, other than the obligation to pay the License Fees imposed by Section 3 of the License Agreement.
Sublicensee Obligations. For the avoidance of doubt, all of the obligations imposed on Licensee pursuant to this Agreement (including those relating to quality control and submission of materials for review or approval, ownership and termination) shall be binding upon any sublicensee on the same basis, and to the same extent, as they are binding upon Licensee, and Licensee shall be responsible for and shall ensure its sublicensees’ compliance therewith. Licensee shall remain fully liable for any acts or omissions of its sublicensees as if undertaken by Licensee itself, and shall be jointly and severally liable for any damages caused to Licensor as a result thereof.
Sublicensee Obligations. Sublicensee shall be responsible and liable to Sublicensor and BankServ for all loss and damage suffered Sublicensor arising from any breach of this Section 5, and all such loss and damage arising as a consequence of any unauthorized use or disclosure by any person having access to the said information and data while in the possession or under the control of Sublicensee. Sublicensee agrees that any breach or attempted or threatened breach of this Section 5, will cause irreparable harm to Sublicensor and BankServ. Accordingly. Sublicensee agrees that (i) in the event of breach or attempted or threatened breach of this Sublicense Agreement, Sublicensor may terminate this Sublicense immediately, and (ii) if a court of competent jurisdiction determines that Sublicensee has breached or attempted or threatened to breach of this Section 5, then Sublicensee will consent to the entry of an injunction against it without the need for Sublicensor to make a showing of Irreparable harm. The obligations imposed on the Sublicensee and BankServ and the rights conferred upon Sublicensor by this Section 5 shall not be extinguished upon termination of this Sublicense Agreement or the sublicense hereby granted, but shall remain continuing obligations of Sublicensee.
Sublicensee Obligations. If any Party grants a sublicense in the Territory as permitted under this Agreement, all of the terms and conditions of this Agreement shall apply to the sublicensee to the same extent as they apply to such Party for all purposes. The sublicensing Party assumes full responsibility for the performance of all obligations so imposed on such sublicensee, including, without limitation, all payments due under this Agreement by reason of the operation of any such sublicense. Such sublicense shall not constitute a novation of this Agreement or otherwise relieve the sublicensing Party from obligations under this Agreement. ***Confidential Treatment Requested
