Opt Back In definition
Examples of Opt Back In in a sentence
In the event that any such consent cannot be obtained, the Party having the right to Opt Back In shall be provided with data and documentation which is redacted to make disclosure lawful.
Upon receipt of the notice and report, Alexion shall have ninety (90) days to exercise its right to Opt Back In by providing written notice to XOMA of such intent.
Upon receipt of the notice and report, XOMA shall have ninety (90) days to exercise its right to Opt Back In by providing written notice to Alexion of such intent.
XOMA will waive its right to Opt Back In under this Section 7.4(b) with respect to a particular Product in a particular Future Indication if it fails to timely provide the written notice of such intent or timely tender the fee for such Future Indication, each as provided herein.
In the event either Party Opts Out of a Product in a particular Future Indication and does not Opt Back In as provided herein, the other Party shall act in good faith and exercise reasonable judgment in the Development and Commercialization of Products in such Future Indication so as not to jeopardize the Development or Commercialization of Products in the other indications in which Products are being Developed and/or Commercialized hereunder.
Fees owed pursuant to this Section 7.4(a) shall be payable within thirty (30) days of exercise of the right to Opt Back In.
Fees owed pursuant to this Section 7.4(b) shall be payable within thirty (30) days of exercise of the right to Opt Back In.
Alexion will waive its right to Opt Back In under this Section 7.4(a) with respect to a particular Product in a particular Future Indication if it fails to timely provide the written notice of such intent or timely tender the fee for such Future Indication, each as provided herein.
In the event either Party Opts Out of a particular Product in a particular Future Indication and does not Opt Back In as provided herein (the "Opted Out Party"), the other Party (the "Continuing Party") shall pay the Opted Out Party a royalty of (i) if Alexion is the Opted Out Party, [*] of Gross Sales in the Territory of such Product in such Future Indication and (ii) if XOMA is the Opted Out Party, [*] of Gross Sales in the Territory of such Product in such Future Indication.
Alexion will waive its right to Opt Back In under this Section 7.4(a) with respect to a particular Product in a particular Future In- dication if it fails to timely provide the written notice of such intent or timely tender the fee for such Future Indication, each as provided herein.