Examples of Therapeutic License in a sentence
If MORPHOSYS receives a bona fide third party written request for a commercial license that overlaps with a Commercial Therapeutic License that (i) has not yet been the subject of a payment by CENTOCOR under Section 5.1(a)(i)(B) or 5.1(b) (“Third Party Request”), then MORPHOSYS shall submit to CENTOCOR a letter certifying that such Third Party Request exists, along with a description of the particular Commercial Target.
Unless terminated pursuant to Section 3.7(c), 3.12, 5.1(b) or 5.1(c), or Article 9, such license shall be perpetual, but shall convert to a non-exclusive license at such time as no royalty on the sale of Licensed Therapeutic Antibody Products covered by the Commercial Therapeutic License is any longer due to MORPHOSYS.
CENTOCOR shall submit a license request in accordance with Section 3.4 in such a way that it obtains a Commercial Therapeutic License under Section 3.3(a) for any Target no later than before such Target is added to the Research Collaboration.
If, however, CENTOCOR does not so agree, then such Commercial Target shall be de-listed from Appendix 3.3 and such Commercial Therapeutic License shall, retroactively with effect of the date of receipt of the Third Party Request, immediately and automatically revert to MORPHOSYS, with no additional fees due to MORPHOSYS, with respect to such reverted Commercial Therapeutic License.
For each Selected Target Family member for which a Therapeutic License is granted under Section 4.3, P&G shall pay to Sequenom a non-creditable, non-refundable license fee […***…], the first installment of which shall be payable within thirty (30) days after P&G’s exercise of its Option with respect to such Selected Target Family member, and the second and third installments of which shall be payable […***…] .
If CENTOCOR responds within fifteen (15) days to such written certification by agreeing to pay a fee of […***…] within six (6) months of receipt by CENTOCOR of such written certification, then CENTOCOR shall maintain the Commercial Therapeutic License, which shall not be subject to any further Third Party Request, provided that such […***…] fee shall be fully creditable against any future fee under Section 5.1(b) relating to such Commercial Therapeutic License.
With respect to each Selected Target Family member, at any time during the Initial Research Term, P&G shall have the exclusive, non-transferable option to obtain a Therapeutic License with respect to such Selected Target Family member (the “Option”) by providing written notice of the exercise of such Option to Sequenom and the RC.
In the event of the grant of a Therapeutic License with respect to a Selected Target Family member under Section 4.3, P&G shall have the right to develop and commercialize Active Compounds and Licensed Products, for OP.
MORPHOSYS and CENTOCOR hereby acknowledge that, subject to CENTOCOR’s right of first refusal, pursuant to Section 3.12, to maintain a Commercial Therapeutic License, MORPHOSYS may grant rights to utilize MORPHOSYS’ technology with respect to the development and commercialization of products directed to any Target to any other party prior to CENTOCOR’s request for any such commercial license.
For the sake of clarity, before ONCOMED can request MORPHOSYS to conduct Antibody Affinity Optimization on any HuCAL Antibody, ONCOMED must have received a Commercial Therapeutic License covering such Target.