License and Commercialization Agreement Sample Contracts

AMENDED AND RESTATED LICENSE AND COMMERCIALIZATION AGREEMENT BY AND AMONG IKARIA DEVELOPMENT SUBSIDIARY ONE LLC AND BIOLINERX LTD. AND BIOLINE INNOVATIONS JERUSALEM L.P.
License and Commercialization Agreement • March 31st, 2015 • Bellerophon Therapeutics, Inc. • Pharmaceutical preparations • New York

This Amended and Restated License and Commercialization Agreement (the “Agreement”) is entered into this 26th day of August, 2009, by and among Ikaria Development Subsidiary One LLC, a Delaware limited liability company having a principal place of business at 6 State Route 173, Clinton, NJ 08809, USA (“Ikaria”), BioLineRx Ltd., a corporation organized and existing under the laws of the State of Israel and having a principal place of business at 19 Hartum Street, P.O. Box 45158, Jerusalem 91450, Israel (“BioLineRx Ltd.”), and BioLine Innovations Jerusalem L.P., a limited partnership organized and existing under the laws of the State of Israel and having a principal place of business at 19 Hartum Street, P.O. Box 45158, Jerusalem 91450, Israel (“BioLine Innovations”; together with BioLineRx Ltd., “BioLineRx”).

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LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • July 1st, 2011 • BioLineRx Ltd. • Pharmaceutical preparations • New York

This Amended and Restated License and Commercialization Agreement (the “Agreement”) is entered into this 26th day of August, 2009, by and among Ikaria Development Subsidiary One LLC, a Delaware limited liability company having a principal place of business at 6 State Route 173, Clinton, NJ 08809, USA (“Ikaria”), BioLineRx Ltd., a corporation organized and existing under the laws of the State of Israel and having a principal place of business at 19 Hartum Street, P.O. Box 45158, Jerusalem 91450, Israel (“BioLineRx Ltd.”), and BioLine Innovations Jerusalem L.P., a limited partnership organized and existing under the laws of the State of Israel and having a principal place of business at 19 Hartum Street, P.O. Box 45158, Jerusalem 91450, Israel (“BioLine Innovations”; together with BioLineRx Ltd., “BioLineRx”).

AMENDMENT NO. 1 TO LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • August 6th, 2020 • Harmony Biosciences Holdings, Inc. • Pharmaceutical preparations • England and Wales

This Amendment No. 1, dated as of August 27, 2018 (this “Amendment”), to the License and Commercialization Agreement (the “Agreement”), dated as of July 28, 2017, is entered into between Bioprojet Societe Civile de Recherche, an independent (privately) owned research company organized under the laws of France and having its principal place of business at 30, rue des Francs-Bourgeois, 75003 Paris, France (“Bioprojet SCR”) and together with its Affiliates, including Bioprojet Pharma SARL and Bioprojet Europe Ltd., “Bioprojet”), and Harmony Biosciences, LLC, a limited liability company organized under the laws of Delaware and having its principal place of business at 630 W. Germantown Pike, Suite 215, Plymouth Meeting, Pennsylvania 19462 USA (“Partner”). Capitalized terms used, but not otherwise defined, in this Amendment shall have the meanings ascribed to them in the Agreement. Bioprojet and Partner may be referred to herein, together, as the “Parties” and, individually, as a “Party.”

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • January 28th, 2010 • Alr Technologies Inc • Communications equipment, nec • Virginia

This License and Commercialization Agreement (“Agreement”) is made as of September 11, 2009 (the “Effective Date”), by and between ALR TECHNOLOGIES, INC., a Nevada corporation having its principal office at 3350 Riverwood Pkwy., Suite 1900, Atlanta, Georgia 30339 (“ALRT”), and PARI RESPIRATORY EQUIPMENT, INC., a Delaware corporation having its principal office at 2943 Oak Lake Boulevard, Midlothian, Virginia 23112 (“PARI”).

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • January 26th, 2024 • APRINOIA Therapeutics Inc. • Pharmaceutical preparations • Hong Kong

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (“Agreement”), dated as of March 20, 2023 (“Effective Date”), is entered into by and between APRINOIA Therapeutics Inc., a company duly organized under the laws of Japan, having its place of business at Shinkawa 1-2-8, Chuo-ku, Tokyo 104-0033, Japan (“APN JP”), APRINOIA Therapeutics Inc., a company incorporated under the laws of the Cayman Islands, with its registered office at PO Box 309, Ugland House, Grand Cayman, KY1-1104, Cayman Islands (“APN Cayman”), Yantai Yitai Pharmaceutical Technology Co., Ltd., a company duly organized under the laws of the People’s Republic of China, having its place of business at Room 101, Block 52, No. 500, East Bin Hai Rd., Mu Ping District, Yan Tai, Shandong Province, PRC (“Yitai”), and Yantai Dongcheng Pharmaceutical Group Co., Ltd., a company duly organized under the laws of the People’s Republic of China, having its place of business at No.7, Changbai Mountain Rd., Economic and Technological Development

AMENDMENT TO THE AMENDED AND RESTATED LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • July 1st, 2011 • BioLineRx Ltd. • Pharmaceutical preparations

This Amendment (this “Amendment”) is entered into this 21st day of April 2010 (the “Amendment Effective Date”) by and between Ikaria Development Subsidiary One LLC, a Delaware limited liability company with a place of business at 6 Route 173, Clinton, NJ, 08809 USA (“Ikaria”), and BiolineRx Ltd., a corporation organized and existing under the laws of the State of Israel and having a principal place of business at 19 Hartum Street, P.O. Box 45158, Jerusalem 91450, Israel (“BioLineRx Ltd.”), and BioLine Innovations Jerusalem L.P., a limited partnership organized and existing under the laws of the State of Israel and having a principal place of business at 19 Hartum Street, P.O. Box 45158 Jerusalem 91450, Israel (“BioLine Innovations”; together with BioLineRx Ltd., “BioLine Rx”) . This Amendment amends the Amended and Restated License and Commercialization Agreement entered into by and between Ikaria and BioLineRx dated as of the 26th day of August 2009 (the “Agreement”). Any defined term

Certain information in this document has been excluded pursuant to Regulation S-K, Item 601(b)(10). Such excluded information is not material and would likely cause competitive harm to the registrant if publicly disclosed. LICENSE AND...
License and Commercialization Agreement • August 6th, 2020 • Harmony Biosciences Holdings, Inc. • Pharmaceutical preparations • England and Wales

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (“Agreement”) dated as of July 28, 2017 (“Signing Date”) is entered into between Bioprojet Société Civile de Recherche, an independent (privately owned) research company organized under the laws of France and having its principal place of business at 30, rue des Francs-Bourgeois, 75003 Paris, France (“Bioprojet SCR” and together with its Affiliates, including Bioprojet Pharma SARL and Bioprojet Europe Ltd., “Bioprojet”) and Harmony Biosciences, LLC, a limited liability company organized under the laws of Delaware and having its principal place of business at 1033 Skokie Boulevard, Suite 600, Northbrook, Illinois 60062 (“Partner”).

Confidential Treatment Requested. Confidential portions of this document have been redacted and have been separately filed with the Commission EXCLUSIVE RESEARCH COLLABORATION, LICENSE AND COMMERCIALIZATION AGREEMENT between MERCK & CO., INC. and...
License and Commercialization Agreement • August 11th, 2008 • Vertex Pharmaceuticals Inc / Ma • Pharmaceutical preparations • New York

This EXCLUSIVE RESEARCH COLLABORATION, LICENSE AND COMMERCIALIZATION AGREEMENT (this "Agreement") is effective as of June 21, 2004, (the "Effective Date") and is entered into by and between Merck & Co., Inc., a New Jersey corporation ("Merck"), and Vertex Pharmaceuticals Incorporated, a Massachusetts corporation ("Vertex").

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • October 9th, 2018 • CareDx, Inc. • Services-medical laboratories • California

This License and Commercialization Agreement (“Agreement”) is effective as of the date of last signature below (the “Effective Date”) by and between Illumina, Inc., a Delaware corporation, having a place of business at 5200 Illumina Way, San Diego, CA, 92122 (“Illumina”), and CareDx, Inc., a Delaware corporation, having a place of business at 3260 Bayshore Boulevard, Brisbane, CA 94005 (“CareDx”). Illumina and CareDx may each be referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • April 14th, 2014 • Intellipharmaceutics International Inc. • Pharmaceutical preparations • New York

This License and Commercialization Agreement (the “Agreement”) is hereby entered into and effective as of November 21, 2005 (the “Effective Date”) by and between IntelliPharmaCeutics Corp. ("IPC"), a Nova Scotia corporation, with offices located at 30 Worcester Road, Toronto, Ontario, Canada and Par Pharmaceutical, Inc. (“Par”), a Delaware corporation with offices located at 300 Tice Boulevard, Woodcliff Lake, New Jersey 07677, USA. IPC and Par shall each be defined as a “Party” and together as the “Parties” under this Agreement.

Certain identified information has been omitted from this exhibit because it is both (i) not material and (ii) information that the Registrant treats as private or confidential. Such omitted information is indicated by brackets (“[...***...]”) in this...
License and Commercialization Agreement • June 27th, 2022 • Vickers Vantage Corp. I • Biological products, (no disgnostic substances) • Delaware

This LICENSE AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is made as of June 14, 2022 (the “Effective Date”) by and between RxOmeg Therapeutics LLC, a/k/a Romeg Therapeutics, LLC (“Romeg”), and Scilex Holding Company (“Licensee”). Romeg and Licensee are each referred to herein by name or, individually, as a “Party” or, collectively, as the “Parties.”

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • July 12th, 2017 • Immune Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is entered into as of the signature date of the contract (the “Effective Date”) by and between:

LICENSE AND COMMERCIALIZATION AGREEMENT by and between VIVUS, INC. and SANOFI
License and Commercialization Agreement • February 28th, 2014 • Vivus Inc • Pharmaceutical preparations • New York

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is entered into as of the 11th day of December, 2013 (the “Effective Date”) by and between Vivus, Inc., a corporation with its principal office at 351 E. Evelyn Avenue, California, 94041, United States of America (referred to herein as “Vivus”), and Sanofi, a French corporation having a place of business at 54 rue la Boétie, 75008, Paris, France (referred to herein as “Sanofi”). Vivus and Sanofi are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • August 4th, 2004 • Durect Corp • Pharmaceutical preparations • California

THIS LICENSE AND COMMERCIALIZATION AGREEMENT including the exhibits referred to herein and attached hereto which are hereby incorporated by reference (the “Agreement”), entered into as of May 13, 2004, by and between NeuroSystec Corporation, a Delaware corporation having a principal place of business located at Mann Biomedical Park, 25134 Rye Canyon Loop, Suite 370, Valencia, CA 91355 (“NeuroSystec”) and DURECT Corporation, a Delaware corporation having a principal place of business located at 10240 Bubb Road, Cupertino, California 95104 (“DURECT”).

AMENDED AND RESTATED LICENSE AND COMMERCIALIZATION AGREEMENT between GENMAB A/S and TENX BIOPHARMA, INC. Dated as of December 22, 2009
License and Commercialization Agreement • August 5th, 2011 • Emergent BioSolutions Inc. • Pharmaceutical preparations • New York
GLOBAL SUPPLY, LICENSE, AND COMMERCIALIZATION AGREEMENT BY AND AMONG GUANGZHOU INTER-PACIFIC ARTS CORP., VIASPACE GREEN ENERGY INC., AND VIASPACE INC. March 28, 2016 GLOBAL SUPPLY, LICENSE, AND COMMERCIALIZATION AGREEMENT
License, and Commercialization Agreement • April 8th, 2016 • VIASPACE Inc. • Services-mailing, reproduction, commercial art & photography • Georgia

THIS GLOBAL SUPPLY, LICENSE, AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is entered into as of the 28th day of March 2016 (the “Effective Date”) by and among Guangzhou Inter-Pacific Arts Corp., a Chinese wholly-owned foreign enterprise registered in Guangdong province (“IPA”), VIASPACE Green Energy, Inc., a British Virgin Islands company (“VGE”) and VIASPACE Inc., a corporation organized under the laws of the State of Nevada, with offices located within the State of California (“VIASPACE”). IPA, VGE, and VIASPACE are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” Except as otherwise defined within this Agreement, capitalized terms and phrases shall have the meaning ascribed thereto in the VGE-VIASPACE Agreement as defined below.

RESEARCH, PRODUCT DEVELOPMENT, OPTION, LICENSE AND COMMERCIALIZATION AGREEMENT BETWEEN LES LABORATOIRES SERVIER SAS INSTITUT DE RECHERCHES INTERNATIONALES SERVIER SAS AND CELLECTIS SA
License and Commercialization Agreement • March 12th, 2015 • Cellectis S.A. • Biological products, (no disgnostic substances)

This Product Development, Option, License and Commercialization Agreement shall become effective as of the 17 day of February, 2014 (the “Effective Date”) by and between Les Laboratoires Servier, a corporation incorporated under the laws of France having a principal place of business at 50 rue Carnot, 92150 Suresnes, France (“LLS”) and lnstitut de Recherches lnternationales Servier, a corporation incorporated under the laws of France having its principal place of business at 50 rue Carnot, 92 150 Suresnes, France (“IRIS”) (LLS and IRIS being together referred to as “Servier”), and Cellectis SA, a company incorporated under the laws of France having a principal place of business, at 8, rue de la Croix Jarry, 75013 Paris, France (“Cellectis”). Cellectis and Servier are individually referred to herein as a “Party” and collectively, as the “Parties.”

LICENSE AND COMMERCIALIZATION AGREEMENT dated as of September 30, 2016 by and between VIVUS, INC. and METUCHEN PHARMACEUTICALS LLC
License and Commercialization Agreement • October 21st, 2020 • Petros Pharmaceuticals, Inc. • Pharmaceutical preparations

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is dated as of the 30th day of September, 2016, by and between VIVUS, INC., a Delaware corporation having its principal offices at 351 E. Evelyn Ave., Mountain View, CA 94041 (“VIVUS”), and Metuchen Pharmaceuticals LLC, a limited liability company organized under the laws of Delaware, having a place of business at 11 Commerce Drive, 1st Floor, Cranford, New Jersey 07016 (“Licensee”). VIVUS and Licensee are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • April 13th, 2023 • ACELYRIN, Inc. • Pharmaceutical preparations

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (“Agreement”) dated as of March 25, 2021 (“Effective Date”) is entered into between Pierre Fabre Medicament SAS, a company duly organized and existing under the laws of France, having offices and principal place of business at 45, Place Abel Gance 92100 Boulogne Billancourt, France (“Licensor”) and ValenzaBio Inc., a limited liability company organized under the laws of Delaware and having its principal place of business at 6701 Democracy Blvd, Suite 300, Bethesda, MD 20817 (“Licensee”).

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • March 23rd, 2015 • BioLineRx Ltd. • Pharmaceutical preparations • New York

This Amended and Restated License and Commercialization Agreement (the “Agreement”) is entered into this 26th day of August, 2009, by and among Ikaria Development Subsidiary One LLC, a Delaware limited liability company having a principal place of business at 6 State Route 173, Clinton, NJ 08809, USA (“Ikaria”), BioLineRx Ltd., a corporation organized and existing under the laws of the State of Israel and having a principal place of business at 19 Hartum Street, P.O. Box 45158, Jerusalem 91450, Israel (“BioLineRx Ltd.”), and BioLine Innovations Jerusalem L.P., a limited partnership organized and existing under the laws of the State of Israel and having a principal place of business at 19 Hartum Street, P.O. Box 45158, Jerusalem 91450, Israel (“BioLine Innovations”; together with BioLineRx Ltd., “BioLineRx”).

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • November 1st, 2022 • Harmony Biosciences Holdings, Inc. • Pharmaceutical preparations • England and Wales

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (“Agreement”) dated as of July 31, 2022 (“Signing Date”) is entered into between Bioprojet Société Civile de Recherche, an independent (privately owned) research company organized under the laws of France and having its principal place of business at 30, rue des Francs-Bourgeois, 75003 Paris, France (together with its Affiliates, including Bioprojet Pharma SAS and Bioprojet Europe Ltd., “Bioprojet”) and Harmony Biosciences, LLC, a limited liability company organized under the laws of Delaware and having its principal place of business at 630 W. Germantown Pike, Suite 215, Plymouth Meeting, Pennsylvania, USA (“Harmony”).

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EXCLUSIVE RESEARCH COLLABORATION, LICENSE AND COMMERCIALIZATION AGREEMENT between MERCK & CO., INC. and VERTEX PHARMACEUTICALS INCORPORATED Portions of this exhibit, indicated by the mark “[***],” have been redacted pursuant to a confidential...
License and Commercialization Agreement • September 7th, 2012 • Vertex Pharmaceuticals Inc / Ma • Pharmaceutical preparations • New York

This EXCLUSIVE RESEARCH COLLABORATION, LICENSE AND COMMERCIALIZATION AGREEMENT (this “Agreement”) is effective as of June 21, 2004, (the “Effective Date”) and is entered into by and between Merck & Co., Inc., a New Jersey corporation (“Merck”), and Vertex Pharmaceuticals Incorporated, a Massachusetts corporation (“Vertex”).

AMENDMENT N°1 TO PRODUCT RESEARCH, DEVELOPMENT, LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • September 4th, 2012 • Intercept Pharmaceuticals Inc • Pharmaceutical preparations

a corporation organized and existing under the laws of Delaware, with registered office at 18 Desbrosses Street, New-York 10013 NY, USA

AMENDMENT NO. 1 TO LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • May 14th, 2015 • Biotie Therapies Corp. • Pharmaceutical preparations

This AMENDMENT NO. 1 TO LICENSE AND COMMERCIALIZATION AGREEMENT (“Amendment No. 1”) is made and entered into effective as of June 13, 2007, (the “Amendment No. 1 Date”) by and between, on the one hand, BIOTIE THERAPIES CORP. (“BioTie”) and, on the other hand, MEDAREX, INC. and GENPHARM INTERNATIONAL, INC., a wholly owned subsidiary of Medarex, Inc., (together “Medarex”), each being referred to herein as a “Party” and together, the “Parties.”

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • November 9th, 2016 • Vivus Inc • Pharmaceutical preparations • New York

*** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

Contract
License and Commercialization Agreement • February 27th, 2013

Hong Kong Exchanges and Clearing Limited and The Stock Exchange of Hong Kong Limited take no responsibility for the contents of this announcement, make no representation as to its accuracy or completeness and expressly disclaim any liability whatsoever for any loss howsoever arising from or in reliance upon the whole or any part of the contents of this announcement.

PLEASE NOTE: CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. AMENDMENT No. 1 TO LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • January 21st, 2022 • Petros Pharmaceuticals, Inc. • Pharmaceutical preparations

This Amendment No. 1 (this “Amendment”) to the License and Commercialization Agreement dated as of September 30, 2016, is hereby entered into and effective as of January 18, 2022 (the “Amendment Effective Date”) by and between VIVUS LLC, a Delaware limited liability company, (“VIVUS”), and Metuchen Pharmaceuticals LLC, a Delaware limited liability company (“Metuchen”). VIVUS and Metuchen are sometimes referred to in this Amendment collectively as the “Parties” and individually as a “Party”.

LICENSE AND COMMERCIALIZATION AGREEMENT by and between VIVUS, INC. and BERLIN- CHEMIE AG
License and Commercialization Agreement • August 8th, 2013 • Vivus Inc • Pharmaceutical preparations • California

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is executed on the 5th of July, 2013 (the “Execution Date”) by and between VIVUS, INC., a Delaware corporation with its principal place of business at 351 E. Evelyn Avenue, Mountain View, CA 94041, United States (“VIVUS”), and BERLIN-CHEMIE AG, a German public limited company having a place of business at Glienicker Weg 125 — 127, 12489 Berlin, Germany (“Menarini”). VIVUS and Menarini are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

AMENDMENT N°2 TO PRODUCT RESEARCH, DEVELOPMENT, LICENSE AND COMMERCIALIZATION AGREEMENT (this “Amendment”)
License and Commercialization Agreement • February 22nd, 2013 • Intercept Pharmaceuticals Inc • Pharmaceutical preparations

a corporation organized and existing under the laws of Delaware, with registered office at 18 Desbrosses Street, New York, NY 10013, USA

OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. SECTION 240.24b-2 AMENDMENT N°4 TO PRODUCT RESEARCH, DEVELOPMENT, LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • January 2nd, 2014 • Intercept Pharmaceuticals Inc • Pharmaceutical preparations

a corporation organized and existing under the laws of Delaware, with registered office at 18 Desbrosses Street, New York, NY 10013, USA

LICENSE AND COMMERCIALIZATION AGREEMENT BY AND BETWEEN AMGEN INC. AND INTERMUNE, INC. June 15, 2001
License and Commercialization Agreement • August 3rd, 2001 • Intermune Inc • Pharmaceutical preparations • California

This License and Commercialization Agreement (the "Agreement") is made effective as of the 15th day of June, 2001 (the "Effective Date") by and between Amgen Inc., a Delaware corporation having its principal place of business at One Amgen Center Drive, Thousand Oaks, CA 91320-1799 ("Amgen") and InterMune, Inc., a Delaware corporation having its principal place of business at 1710 Gilbreth Road, Suite 310, Burlingame, CA 94010-1317 ("InterMune"). Amgen and InterMune are sometimes referred to herein individually as a "Party" and collectively as the "Parties", and references to "InterMune" and "Amgen" shall include their respective Affiliates.

LICENSE AND COMMERCIALIZATION AGREEMENT dated as of October 10, 2013 by and between VIVUS, INC. and AUXILIUM PHARMACEUTICALS, INC.
License and Commercialization Agreement • November 7th, 2013 • Vivus Inc • Pharmaceutical preparations • New York

THIS LICENSE AND COMMERCIALIZATION AGREEMENT (the “Agreement”) is entered into as of the 10th day of October 2013 (the “Effective Date”) by and between VIVUS, INC., a Delaware corporation having its principal offices at 351 E. Evelyn Ave., Mountain View, CA 94041 (“VIVUS”), and AUXILIUM PHARMACEUTICALS, INC., a Delaware corporation having a place of business at 640 Lee Road, Chesterbrook, PA 19087. (“Auxilium”). VIVUS and Auxilium are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

Amendment No. Three to License and Commercialization Agreement
License and Commercialization Agreement • March 16th, 2005 • Intermune Inc • Pharmaceutical preparations

This AMENDMENT NO. THREE TO LICENSE AND COMMERCIALIZATION AGREEMENT (the “Amendment No. Three”) is made effective as of December 31, 2004 (the “Amendment Effective Date”), and is entered into by and between AMGEN INC., a Delaware corporation having its principal place of business at One Amgen Center Drive, Thousand Oaks, CA 91320-1799 (“Amgen”) and INTERMUNE, INC., a Delaware corporation having its principal place of business at 3280 Bayshore Blvd., Brisbane, CA 94005 (“InterMune”). Amgen and InterMune are sometimes referred to herein individually as a “Party” and collectively as the “Parties,” and references to “InterMune” and “Amgen” shall include their respective Affiliates. All capitalized terms used herein shall have the meaning given to them in the Original Agreement (as defined below) unless otherwise defined herein.

LICENSE AND COMMERCIALIZATION AGREEMENT
License and Commercialization Agreement • November 7th, 2016 • Dubuc Motors Inc. • Delaware

NOW THEREFORE in consideration of the mutual covenants and conditions contained herein, the receipt and sufficiency of which is acknowledged by the parties, the parties hereto agree as follows:

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