WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. If a Milestone Event is achieved prior to the achievement of any preceding Milestone Event(s), the Milestone Payments in respect of all such preceding Milestone Events shall become due. The Milestone Payments relating to Net Sales shall be payable only once for the first occurrence of the specified Milestone Event, regardless of the number of Licenced Products that achieve such Milestone Payments as specified in Part 2 of the Schedule. Other Milestone Payments may be triggered by a second or further Licenced Product in respect of an Indication, unless such Milestone Event has already been triggered by a preceding Licenced Product in that same Indication. Each Milestone Payment is distinct, and each is payable in addition to, and not instead of, any of other applicable Milestone Payment. The Company will notify the University within [***] after the Company and/or its Affiliates and/or Sub-Licencees becomes aware of the achievement of the Milestone Event for which a payment to the University is required and University shall send the Company an invoice for same. Each Milestone Payment shall be due with [***] of the date of the respective invoice.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. 9.2 Notwithstanding the warranties contained in Clause 9.1, nothing in this Agreement shall constitute any representation or warranty by the University that the Initial Patent Applications shall proceed to grant or, if granted, the Licenced Patent Rights shall be valid, or that use and exploitation of the Licenced Patent Rights and the Licenced Know-how or the exercise of the Company’s rights under this Agreement will not infringe the rights of any third party, or that any Licenced Patent Rights are relevant to the Licenced Products.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. The captions or headings of the Clauses or other subdivisions hereof are inserted only as a matter of convenience or for reference and shall have no effect on the meaning of the provisions hereof.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED i. The arbitration decision shall be made by a single arbitrator, who has no conflicts, meets the standards of R-17 of the Rules with respect to impartiality and independence, and is chosen by mutual agreement of the Parties through the Arbitrator Appointment procedure set forth in D-6 of the Rules.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. This Agreement is entered into between the Xxxxxx Xxxx Army Institute of Research (WRAIR) (hereinafter “LICENSOR”) a subordinate Laboratory of United States Army Medical Research and Materiel Command (“USAMRDC”), located at 000 Xxxxxx Xxxxx Avenue, Silver Spring, Maryland 20910 and Adaptive Phage Therapeutics (APT)), (hereinafter “LICENSEE”), a private corporation, having its principal place of business at 000 Xxxxxx Xxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxxx 00000. Under the authority of 15 United States Code (U.S.C.) 3701 et seq., 35 U.S.C. Sections 200 - 210, and 37 Code of Federal Regulations (CFR), Chapter IV (together with any amendments and the underlying rules and regulations now or hereafter promulgated collectively, the “Federal Technology Transfer Act” or the (“FTTA”), WRAIR has the authority to enter into this Biological Material License Agreement (“Agreement”).
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. The parties agree to amend the licensing Agreement number NMR-17-10010. This First Amendment to the license shall be effective as of the date of the last signature below (“Amendment Effective Date”). The parties hereby agree as follows:
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED conditions of this Agreement, 89bio hereby agrees to retain Provider as a non-exclusive manufacturer of the 89bio Product, and Provider agrees to Manufacture the 89bio Product for 89bio at the Facility. Provider further agrees to Manufacture and supply the 89bio Product exclusively to 89bio.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. If and to the extent that BTPH may, under applicable law, be entitled to claim any ownership interest or Intellectual Property Rights in any Work Product, BTPH hereby transfers, grants, conveys, assigns, and relinquishes exclusively to CLIENT any and all rights, title and interest it now has or may hereafter acquire in and to the Work Product under patent, copyright, trade secret and/or trademark law in perpetuity or for the longest period otherwise permitted by law. BTPH shall assist CLIENT in every reasonable way to obtain and, from time to time, enforce patents, copyrights, trademarks, trade secrets and other rights and protection relating to such Work Product, and to that end, BTPH and its employees will execute all reasonable documents for use in applying for and obtaining such patents, copyrights, trademarks, trade secrets and other rights and protection with respect to any Work Product, as CLIENT may desire, together with any reasonable assignments thereof to CLIENT or persons designated by it. BTPH and its employees’ obligations to assist CLIENT in obtaining and enforcing patent, copyrights, trademarks, trade secrets and other rights and protection relating to any Work Product shall continue beyond the expiration or earlier termination of this Agreement. BTPH shall be compensated for such assistance by being paid a daily fee of [***] per skilled and experienced BTPH employee plus expenses.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. This Separation, Consulting and Release of Claims Agreement (“Agreement”) is entered into by and between SolarWindow Technologies, Inc., a Nevada corporation (the “Company ”), on behalf of itself, its parent, subsidiaries, and other corporate affiliates, and each of their respective present and former employees, officers, directors, owners, shareholders, and agents, individually and in their official capacities (collectively referred to as the “Company Group”), and Xxxx X. Xxxxxxx (the “Executive”) (the Company and the Executive are sometimes collectively referred to as the “Parties” and individually as a “Party”) effective upon the expiration of the Revocation Period referenced in Section 5.2 below (the “Effective Date”).
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Second Amendment to Master Supply Agreement Amendment This Master Supply Agreement amendment (this “Second Amendment”) is made February 8, 2022 (the “Second Amendment Effective Date”) by Beyond Meat, Inc. (“Beyond Meat”), and PURIS Proteins, LLC (“Manufacturer”) and amends and supplements the Master Supply Agreement dated December 21, 2018 by the parties, as amended from time to time (the “Agreement”). Unless otherwise defined in this Second Amendment, capitalized terms used in this Second Amendment shall have the meaning ascribed to them in the Agreement. As of the Second Amendment Effective Date, all references to the Agreement shall mean the Agreement as amended. The Parties amend and supplement the Agreement as follows:
