Futile, definition

Futile, as used in this context, means that the Complaint could not be amended to state a legally-cognizable claim. Id. (citing Glassman v. Computervision Corp., 90 F.3d 617, 623 (1st Cir. 1996)).
Futile, means that none of the [***] patients show at least a [***] reduction in [***] in the [***] period from the [***] to the [***] (inclusive) after treatment with transduced cells as compared to such [***] of such patient prior to treatment in the clinical study. In contrast, the study will not be viewed as scientifically Futile if at least [***] of the first [***] patients shows at least a [***] reduction in [***]. GSK will make a determination of whether the Beta-Thal Program using the [***] is scientifically Futile within [***] after receipt of the Futility Data Package (the “Futility Review Period”) and will communicate such decision to Telethon-HSR in writing, including GSK’s decision regarding whether GSK elects to terminate the Beta-Thal Program as set forth in Section 5 of Amendment No.1, or to continue the Beta-Thal Program (regardless of the Futility determination). Telethon-HSR will not dose the first patient in the [***] prior to receipt by GSK of GSK’s decision whether to terminate the Beta-Thal Program based on Futility. If GSK terminates the Beta-Thal Program following the determination of scientific Futility, then the Beta-Thal Program (including the [***]), shall be deemed to be a Telethon-HSR Development Program and the terms set forth in Section 4.9 of the Collaboration Agreement shall apply. In derogation to the terms set forth in Section 5.2 of the Collaboration Agreement, the licenses granted in Clause 2.4(c)(iv)(B) of this Amendment No.1 exclusively related to the Additional GMP Protocol Work IP shall survive as non-exclusive licenses for each Collaboration Program for which GSK elects not to exercise its Option and as exclusive license for such Collaboration Programs for which GSK has exercised the Option prior to such termination. It is understood that if following termination of the Beta-Thal Program based on Futility GSK requests to access, for any Collaboration Programs, validated data obtained through the GLP biodistribution data performed by Telethon-HSR following such termination, Telethon-HSR will be entitled to be paid the “[***]” milestone payment as set forth in Section 6.2 (as amended by this Amendment No. 1).

Examples of Futile, in a sentence

  • Futile Transit occurs if: a) If the bin is on the truck heading to your site; b) The Customer turns away a Purple Cow truck from their site after a booking is made; c) Purple Cow arrives to site and due to site conditions cannot access or deliver the Bin; and d) Driver rejects load due to not meeting terms as set forth herein.

  • The Customer agrees that if a Relocation or a Futile Transit has taken place, including but not limited to, a customer failing to cancel their booking (24 hours’ notice required); or customer has not requested any booking changes (24 hours’ notice required), the Customer will pay a maximum Futile Transit cost of $275.

  • La Jolla shall promptly notify BioMarin CF in writing following the occurrence of each of the following events: (i) the First Efficacy Analysis; (ii) the Second Efficacy Analysis; (iii) Non-Futile Determination; (iv) Futile Determination; (v) a P-Value Achievement; (vi) La Jolla’s receipt of the 128 Flare Topline Data; and (vii) receipt of recommendation from the Data Mentoring Board to terminate any portion of the 90-14 portion of the ASPEN Study for any reason.

  • Once GSK receives the Futility Data Package, GSK will review the data and determine whether the Beta-Thal Program using the [***] is scientifically Futile.

  • The foregoing diligence obligations shall not apply if there is a Futile Determination or, if based upon receipt of the 128 Flare Topline Data, the ASPEN Study does not result in a P-Value Achievement.

  • The Customer agrees that if a Relocation or a Futile Transit has taken place, including but not limited to, a customer failing to cancel their booking (24 hours’ notice required); or customer has not requested any booking changes (24 hours’ notice required), the Customer will pay a maximum Futile Transit cost of $250.

  • The Commonwealth of Independent States: A Decade and a Half of Futile Efforts.

  • Futile treatment is sometimes relentlessly pursued even though it does not correspond with the patient’s own goals and/or the benefits do not outweigh the burdens of the treatment.

  • On June 15, 2010, in response to additional Demand Letters and the allegations in the Demand Futile Actions, the Board expanded the authority of the Special Committee to investigate, review, and analyze the additional allegations made.

  • If GSK’s scientific review of the then-available data and results show that continuation of the study would be Futile (as defined in section 4(d)), then GSK may elect to terminate this Amendment No. 1 and the Beta-Thal Program immediately by providing written notice of termination to Telethon-HSR.

Related to Futile,

  • Progressive discipline means a process of applying and documenting disciplinary actions progressing from less to more serious depending on the employee’s history and the nature of the offense.

  • Adverse impact on visibility means visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairment, and how these factors correlate with (1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility.

  • Inherited Metabolic Disorder means a disease caused by an inherited abnormality of body chemistry that meets all of the following requirements:

  • Serious means violations that either result in one or more neg- ative outcomes and significant actual harm to residents that does not constitute imminent danger, or there is a reasonable predictability of recurring actions, practices, situations, or incidents with potential for causing significant harm to a resident, or both.

  • Mental, Nervous or Psychological Disorder means a mental or nervous health condition including, but not limited to: anxiety, depression, neurosis, phobia, psychosis; or any related physical manifestation.