Bayer Product definition
Examples of Bayer Product in a sentence
Upon receipt of such notice by [***], [***] shall be released from any obligation to prosecute the relevant Bayer Product Patent Right.
In the event of any such abandonment, [***], in its sole discretion, may choose to continue the prosecution of such Bayer Product Patent Right at [***] expense.
For the avoidance of doubt, [***] retains full ownership of such Bayer Product Patent Rights.
If Bayer or Compugen becomes aware of any possible or actual infringement of any Compugen Patent Rights, Joint Patent Rights or Bayer Product Patent Rights with respect to the making, use or sale of Products and/or Diagnostics (an “Infringement”), that Party shall promptly, and in any event not later than one week after becoming aware of the Infringement, notify the other Party and provide it with details of its knowledge regarding such Infringement.
Bayer shall have the sole right (with the right to grant such right to Sublicensees), at its discretion, to file a lawsuit for patent infringement or otherwise take action in the prosecution, prevention, or termination of any Infringement or enforcement of patent rights relating the Bayer Product Patent Rights.
After the expiration of Bayer's premium fee obligation hereunder on a Bayer Product in a particular country, the license set forth in Section 11.5 with respect to such Bayer Product in such country shall continue in force perpetually with no further premium fee or other payment obligations.
Compound, a Bayer Product or the permitted use of a Bayer Pesticide, but excluding any Losses resulting from the gross negligence or intentionally wrongful act or omission of the LLC, Exelixis, its Affiliates or sublicensees or any of their employees or agents.
For each Bayer Product, Bayer's obligations to pay premium fees will expire on a country-by-country basis on the later of: (i) [ * ] or (ii) [ * ].
All orders under this Article 8 shall be subject to the provisions of this Agreement and shall not be subject to any inconsistent terms and conditions contained on any Purchase Order or shipping request of Bayer, except insofar as any such document or request establishes: (a) the quantity of any Bayer Product to be shipped (subject to the limitations of this Article 8); (b) the delivery date (subject to the limitations of this Article 8); (c) the shipment route and destination; or (d) the carrier.
Bayer has not exercised, and, to the Knowledge of Seller, has not had the right to exercise, and no event or condition exists that, upon notice or passage of time or both, could reasonably be expected to permit it to exercise, any Set-off against the Purchased Payments or any other amounts payable to Seller under the Bayer License Agreement with respect to any Bayer Product.