Title to API Clause Samples
Title to API. All API (whether being held for Manufacture or in the process of Manufacture) supplied to APO by GILEAD or by a permitted appointee of GILEAD in accordance with this Agreement shall at all times be and remain the property of GILEAD, and shall be treated by APO in all respects as such, and shall be stored and handled in a manner to prevent contamination by other drugs and chemicals and in accordance with GILEAD’s instructions as set forth in the Product Appendices, which GILEAD may update from time to time with APO’s approval, not to be unreasonably withheld.
Title to API. Title to all API shall remain with FFFC until it is delivered pursuant to Section 5.4 or stored on behalf of Cempra pursuant to Section 5.4(b)(ii). FFFC shall keep all Raw Material, Intermediates, and API stored in accordance with the API Specifications and Applicable Laws. FFFC shall bear the risk of loss, contamination or damage to the Raw Material, Intermediates, and API in its possession (including during such time as FFFC may be storing API on behalf of Cempra pursuant to Section 5.4(b)(ii)), until the finished API is actually delivered to Cempra or its designee pursuant to Section 5.4, and FFFC will pay the actual costs of replacing any Raw Material that is lost or damaged while in FFFC’s possession due storage or handling problems or losses or failures in Manufacturing or storage; provided, however, that in case that FFFC delivers API pursuant to Section 5.4 and enable Cempra to receive the same but Cempra fails to pickup, the risk of loss, contamination or damage to the Raw Material, Intermediates, and API shall pass to Cempra at the time of such delivery, except to the extent otherwise set forth in this Agreement, including but not limited to Section 5.4 hereof.
Title to API. PIVOT represents and warrants that PIVOT owns or controls the PIVOT API, free and clear of any encumbrances other than such established in the ordinary course of business, and will have the legal right and ability to (a) make the PIVOT API available to SOLMIC to enable SOLMIC to perform its obligations under this Agreement and (b) to Commercialize the Products in the Territory.
Title to API. OMEROS shall retain all rights, title and interest in and to Active Pharmaceutical Ingredients (and any other materials) supplied to DSM by OMEROS hereunder.
Title to API. Discovery Labs shall retain all rights, title and interest in and to Active Pharmaceutical Ingredients (and any other materials) supplied by Discovery Labs for the production of Product hereunder.
Title to API. AMAG shall retain all rights, title and interest in and to Active Pharmaceutical Ingredients (and any other materials) supplied by AMAG for the production of Product hereunder.