BMPI definition
Examples of BMPI in a sentence
The Parties agree that prior to any arbitration concerning this Agreement, an executive officer of BMPI and Luitpold with authority to resolve the dispute will meet within ten (10) days of a written request by either Party to the other and will attempt in good faith to negotiate a resolution to the dispute.
Nothing herein contained shall be deemed to create an agency, joint venture, amalgamation, partnership or similar relationship between BMPI and Luitpold.
Within thirty (30) days after the date of any such offer, Luitpold shall notify BMPI in writing whether or not Luitpold is interested in receiving such a license.
If Luitpold notifies BMPI that it is interested in receiving such license, the parties shall negotiate in good faith for one hundred twenty (120) days after the date of such notification to reach agreement on the amount of any royalties, milestone payments or other remuneration that will be payable by Luitpold as consideration for such license and the other terms and conditions of such license.
EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER LUITPOLD NOR BMPI WILL BE LIABLE WITH RESPECT TO ANY MATTER ARISING UNDER THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES.
This Agreement may not be assigned by Luitpold without the written prior consent of BMPI; provided Luitpold may assign this Agreement to an acquiror of all or substantially all of its assets.
BMPI shall reasonably assist Luitpold at Luitpold's expense in such actions if so requested or required by law.
Luitpold shall be entitled to a non-refundable royalty credit effective on such date which may be applied solely against future royalty payments from Luitpold to BMPI.
Luitpold shall reasonably assist BMPI at BMPI's expense in such actions if so requested.
If extended, Section 4.3, among other provisions, survives for so long as Luitpold relies upon Know-how, trademarks, trade secrets and/or other proprietary technology or information developed by BMPI.