Kala definition
Examples of Kala in a sentence
Unless otherwise agreed in writing signed by ACP and Kala, Services hereunder are expressly limited to the terms and conditions contained in this Project Proposal/SOW and the Agreement.
ACP will commence services under this Project Proposal/SOW only following receipt from Kala of written notice to proceed.
This Project Proposal/SOW is conditioned on positive completion of clinical trials, as determined by Kala in its sole discretion.
Kala will sign and return to ACP one original along with a purchase order number and an initial payment [**] as detailed below to initiate this project.
Unless expressly set forth in this Project Proposal/SOW or agreed to in writing by Kala on a case-by-case basis, ACP shall be solely responsible for all costs and expenses in connection with any construction or build-out of ACP’s facilities, including any construction or build-out necessary for ACP to perform the Services hereunder.
If either GrayBug or Kala requests confidential information regarding the Potential Future Patent Right, JHU shall use reasonable efforts to comply with the request by seeking permission from any necessary Third Parties and providing such information if necessary under an appropriately tailored confidentiality agreement.
GrayBug represents, warrants and covenants to Kala that the GrayBug Current Patent Rights are all the Patent Rights licensed to GrayBug by JHU as of the Settlement Agreement Effective Date.
Kala hereby grants to GrayBug a worldwide, royalty-free, exclusive, sublicenseable (in accordance with Section 2(a)(iii)) sublicense, under the Kala Current Patent Rights, to research, develop, make, have made, use, have used, import, have imported, offer to sell, have offered for sale, sell and have sold Licensed Products in the GrayBug Field of Use, and to provide and have provided the Licensed Services in the GrayBug Field of Use, in the United States and worldwide.
If Kala is the NDA-holding Party and the Patent Right challenged is a Kala Current Patent Right or a Kala/JHU Joint Patent Right, then Kala shall control the litigation, and if it chooses not to litigate, then JHU shall have the secondary right of litigation.
Neither Kala nor GrayBug shall owe the other any royalties, milestone payments, or other payments with respect to the sublicenses granted to the other Party hereunder.