Additional Territory Product Liability Claim definition

Additional Territory Product Liability Claim means any Third Party Claim brought against any Arena Indemnitee or Eisai Indemnitee arising from, based on or occurring as a result of personal injury, death or property damage (to the extent resulting from personal injury or death) caused by or resulting from the use of a Product sold, distributed, dispensed or otherwise administered by or on behalf of Eisai, its Affiliates or its Sub-distributors in a country in the Additional Territory, except to the extent caused by or resulting from (a) the actual negligence or actual willful misconduct of or actual violation of Applicable Laws by Arena or any of its Affiliates or its or their subcontractors in performing or failing to perform any activity contemplated by this Agreement, or any actual breach or actual default by Arena (or any of its Affiliates) of this Agreement, the Quality Agreement or the PV Agreement, including its breach of Section 6.13 of this Agreement, or (b) the actual negligence or actual willful misconduct of or actual violation of Applicable Laws by Eisai or any of its Affiliates or Sub-distributors or its or their subcontractors in performing or failing to perform any activity contemplated by this Agreement or any actual breach or actual default by Eisai (or any of its Affiliates) of this Agreement, the Quality Agreement or the PV Agreement.
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Additional Territory Product Liability Claim means any Third Party Claim brought against any Arena Indemnitee or Eisai Indemnitee arising from, based on or occurring as a result of personal injury, death or property damage (to the extent resulting from personal injury or death) caused by or resulting from the use of a Product sold, distributed, dispensed or otherwise administered by or on behalf of Eisai, its Affiliates or its Sub-distributors in a country in the Additional Territory, except to the extent caused by or resulting from (a) the actual negligence or actual willful misconduct of or actual violation of Applicable Laws by Arena or any of its Affiliates or its or their subcontractors in performing or failing to perform any activity contemplated by this Agreement, or any actual breach or actual default by Arena (or any of its Affiliates) of this Agreement, the Quality Agreement or the PV Agreement, including its breach of Section 6.13 of this Agreement, or (b) the actual negligence or actual willful misconduct of or actual violation of Applicable Laws by Eisai or any of its Affiliates or Sub- distributors or its or their subcontractors in performing or failing to perform any activity contemplated by this Agreement or any actual breach or actual default by Eisai (or any of its Affiliates) of this Agreement, the Quality Agreement or the PV Agreement.
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Related to Additional Territory Product Liability Claim

  • Final Product means a product that is not used in producing other products and is built and intended for use outdoors, provided the final product has not deteriorated or has otherwise become a potential source of contaminants.

  • Collaboration Product means a pharmaceutical product containing or comprising Compound in any dosage form alone, or in combination with, one or more other pharmaceutically active ingredients, and any and all Improvements thereto.

  • Additional Product means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.

  • Program Patent Rights means all Patent Rights that claim or cover patentable Program Know-How, including any Program-Specific Patent Rights.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Licensed Product means any method, process, composition, product, service, or component part thereof that would, but for the granting of the rights set forth in this Agreement, infringe a Valid Claim contained in the Licensed Patents.

  • Third Party Product means a product (whether hardware, software or services) supplied to you by a third party;

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Additional Products means products, services and applications that are not part of the Services but that may be accessible, via the Admin Console or otherwise, for use with the Services.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

  • Licensed Compound means (a) 3,4-Diaminopyridine, the chemical structure of which is set forth on Exhibit B-2; and (b) any derivatives, isomers, metabolites, prodrugs, acid forms, base forms, salt forms, or modified versions of such compound in (a).

  • Third Party Products means the Third Party Software and Third Party Hardware.

  • Licensed Patent Rights means:

  • Joint Patent Rights means all Patent Rights claiming a Joint Invention.

  • Licensed Compounds means any EZH2 Compound(s) that is:

  • Licensee Patents means all of the Patents Controlled by Licensee, its Sublicensees, or any of its or their respective Affiliates as of the Effective Date or during the Term that are necessary (or, with respect to patent applications, would be necessary if such patent applications were to issue as patents) for the Exploitation of a Licensed Product in the Field in the Territory.

  • U.S. Territory means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, or the U.S. Virgin Islands.

  • Reference biological product means the single biological product licensed pursuant to 42 U.S.C.

  • Milk product or "dairy product" means cottage cheese, dry curd cottage cheese, reduced fat cottage cheese, lowfat cottage cheese, cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, skim milk, lowfat milk, frozen milk concentrate, flavored milk, eggnog, buttermilk, cultured milk, cultured lowfat milk, cultured skim milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified lowfat milk, acidified skim milk, low-sodium milk, low-sodium lowfat milk, low-sodium skim milk, lactose-reduced milk, lactose-reduced lowfat milk, lactose-reduced skim milk, aseptically processed and packaged milk, milk products with added safe and suitable microbial organisms, and any other milk product made by the addition or subtraction of milkfat or addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification. Unless a product is considered a milk product under this subdivision, milk product does not include dietary products, infant formula, ice cream or other desserts, cheese, or butter. Milk products include the following:

  • Terminated Product has the meaning set forth in Section 18.3.4.2(v).

  • Diagnostic Product means In Vitro Diagnostics, In Vivo Diagnostic Agents and any product used for Diagnosis.

  • Covered Products means Your Applications, Libraries, Passes, Safari Extensions, Safari Push Notifications, and/or FPS implementations developed under this Agreement.

  • Other Product means Product which an End User acquired from sources other than Integrator.

  • Covered Product The consumer product that You purchased concurrently with and is covered by this Agreement.

  • Patent Right means: (a) an issued or granted patent, including any extension, supplemental protection certificate, registration, confirmation, reissue, reexamination, extension or renewal thereof; (b) a pending patent application, including any continuation, divisional, continuation-in-part, substitute or provisional application thereof; and (c) all counterparts or foreign equivalents of any of the foregoing issued by or filed in any country or other jurisdiction.

  • Product Candidate means each of MYO-101, MYO-102, MYO-103, MYO-201 and MYO-301, as defined on Exhibit B, in each case in any form or formulation.