Examples of Achaogen in a sentence
Achaogen may terminate this Agreement, in its entirety, or as to any particular Aminoglycoside Product, at any time by giving Isis at least sixty (60) days prior written notice.
This Exhibit B to the Development Services Agreement between Achaogen Inc.
As soon as practicable following the Effective Date, Isis will transfer the subject patent files to Achaogen and will execute such documents and perform such acts as may be reasonably necessary for Achaogen to take control of such patent prosecution and maintenance.
Notwithstanding the foregoing, it is understood that Achaogen may research, develop and/or commercialize the Aminoglycoside Products alone, and through contractors, sublicensees and other third parties.
Notwithstanding the foregoing, Achaogen will have no obligations under this Section 9.1 to the extent Losses arise from the (x) gross negligence or willful misconduct (including non-compliance with any applicable laws and regulations) on the part of an Isis Party or (y) breach by Isis of any representations, warranties, or covenants set forth in this Agreement.
Furthermore, Achaogen may credit any payments made to Isis under this Section 4.2 against milestone payments otherwise due under Section 4.3 and Section 4.4 that have not yet been paid.
It is understood that Achaogen shall have final authority to approve the Specifications or any modifications thereto, in each case which are initially proposed by Ark.
Achaogen, in cooperation with Ark, will have the first right, but not the obligation, to use commercially reasonable efforts to eliminate the infringement without litigation.
Achaogen shall consult with Ark on a timely basis on all significant matters relating to the Joint Patents (including providing a copy of any patent application and any material correspondence with the applicable patent office reasonably in advance of its filing or submission) and consider in good faith Ark’s reasonable comments or suggestions with respect thereto.
If under Section 6.2.1 Achaogen elects to discontinue the preparation, filing, prosecution and/or maintenance of any particular applications or patents in the [***] in a selected jurisdiction, Achaogen will give [***] days advance written notice to Isis of any such election regarding such Patent (a “Discontinued Patent”).