Examples of Harvard License in a sentence
The Company is required to make success payments to Harvard during a period of time, or the Harvard Success Payment Period, which has been determined to be the later of (1) the ninth anniversary of the Harvard License Agreement or (2) the earlier of (a) the twelfth anniversary of the Harvard License Agreement and (b) the third anniversary of the first date on which a licensed product receives regulatory approval in the United States.
Notwithstanding the provisions of Section 10(a) or (d) of the Harvard License Agreement, the LICENSOR shall not terminate the Harvard License Agreement without the prior written consent of the LICENSEE.
This Agreement shall continue in force and effect unless and until the Harvard License Agreement is terminated by Harvard in accordance with Section 10 thereof or unless sooner terminated as provided for in Section 10 below.
For the avoidance of any doubt, LICENSEE agrees to comply with Section 6 of the Harvard License Agreement as if such Section applied to the Licensed Goods and Services.
No further amounts shall be due by Genentech to Constellation under such sublicense, provided, however, that following execution of the sublicense agreement with respect to the Harvard License, the Patent Rights under the Harvard License shall be considered “Constellation Licensed IP”, “Constellation Research IP” or “Constellation Other IP”, as applicable, including for purposes of payments which may be owed pursuant to Article 5.
Harvard license agreementUnder the terms of the Harvard License Agreement, Harvard is entitled to receive success payments, determined based upon the achievement of specified multiples of the initial weighted average value of the Company’s Series A Preferred at specified valuation dates.
The previous sentence will not apply to the extent that any Harvard Claim is determined with finality by a court of competent jurisdiction to result from the gross negligence or willful misconduct of a Harvard Indemnitee or from any breach by Harvard of a representation made under Section 8.1 of the Harvard License.
Premiums will be risk adjusted to adjust for variations in patient characteristics or risk factors.
In the sole discretion of Harvard, upon the termination of each of the Harvard Licenses, Genentech’s rights and obligations as a sublicensee of Curis under each such Harvard License shall either (a) be terminated or (b) become rights and obligations of Genentech as if Genentech were the direct licensee under each of the Harvard Licenses.
The Company’s liability for success payments under the Harvard License Agreement and Broad License Agreement are carried at fair value.