Examples of Biogen License in a sentence
To the Knowledge of the Seller, no event or condition exists that, upon notice or passage of time or both, would reasonably be expected to permit Biogen to claim, or have the right to claim, a Royalty Reduction (including any Spinraza Permitted Reduction) against the Spinraza Royalty (other than as contemplated by Section 6.6.2(c) of the 2012 Biogen License).
For the avoidance of doubt, nothing in this section shall obligate the Seller to exercise any inspection or audit that is not otherwise permitted under Section 6.10 of the 2012 Biogen License, Section 6.10 of the 2017 Biogen License, or Section 7.12 of the Novartis License.
Notwithstanding anything to the contrary herein, to the extent Seller shall have made a true-up payment to the Buyer pursuant to this Section 5.3 in respect of any such Royalty Reduction or Set-Off, any subsequent payments received from a Licensee in respect, and to the extent, of such Royalty Reduction or Set-Off, whether pursuant to Section 10.4.4 of the 2012 Biogen License, Section 10.4.5 of the 2017 Biogen License or otherwise, shall not be considered a Purchased Royalty Payment.
Genentech grants to Connetics a non-exclusive sublicense under the Biogen License Rights to use, sell, offer for sale and import Licensed Products (excluding Licensed Products containing Biogen Gamma InterferonD0 as that term is defined in the Biogen License) in the Territory in the fields of scleroderma and infectious disease or condition caused by human papillomavirus.
Genentech shall use its Best Efforts to keep the […***…] License and the Biogen License in effect during the term of this Agreement, provided, however, that if Connetics declines to pay a […***…] benchmark payment as outlined in Section 5.2(c) or pay any royalty owed to […***…] under the […***…] License for the sales of Licensed Products, then Genentech shall not be obligated to make such payment and Genentech shall have the option, in its sole discretion, to terminate the […***…] License.
If either party desires to cause an inspection as provided under Section 6.10 of the 2012 Biogen License, Section 6.10 of the 2017 Biogen License, or Section 7.12 of the Novartis License, for the Purchased Royalty Payments due and payable after the Closing Date then the Seller and the Buyer agree to consult in good faith with each other in connection therewith.
The Seller has not received or provided any notice pursuant to Section 6.6.1 of the 2012 Biogen License.
The Buyer shall be responsible for the expense of any inspection or audit that would otherwise be borne by (and that were actually incurred by) the Seller pursuant to the 2012 Biogen License or 2017 Biogen License only if such inspection or audit is undertaken at the Buyer’s request, and the Seller shall otherwise be responsible for all such expenses.
This Agreement shall commence on the Effective Date of this Agreement and, unless terminated earlier, shall expire at the later to occur of (a) the expiration of the last to expire of any Genentech Patent Rights or (b) twenty (20) years from the Effective Date of this Agreement; provided, however, that in the event that either the […***…] License or the Biogen License is terminated, the licenses granted by Genentech to Connetics under the […***…] License or the Biogen License shall also terminate.
The Seller has not developed any Follow-On Compound (as defined in the 2012 Biogen License) and Biogen has not exercised its right of first negotiation to develop and commercialize any Follow-On Compound pursuant to Section 2.1.2 of the 2012 Biogen License, except for BIIB-115.