New Project. Refund ------------------ 9.1. In the event that the FDA does not approve the ANDA within five (5) years from the date of this Agreement, and should THE CLIENT within a six-month period thereafter then elect not to continue with this Agreement, then the License Fees paid to ELAN under paragraph 2.2 of this Article above (**** **********) shall be allocated to a new project, to be agreed by the parties, in a manner to be discussed and agreed in good faith. Failing such agreement, THE CLIENT is allowed to recover these funds through future royalty and manufacturing income received by ELAN from a licensee in the territory. 9.2. If any technology covered by any of Elan's patents is utilized in the development of the PRODUCT and such patent(s) are found by a court of applicable jurisdiction to be invalid or unenforceable in the TERRITORY and as result thereof a third party would be entitled to manufacture or distribute the PRODUCT in the TERRITORY utilizing any of the technology covered by such patents, then the percentage of PROFITS to be allocated to ELAN pursuant to Section 6.2 hereof shall be reduced by an amount equal to the percentage point reduction of the market share of the PRODUCT directly attributable to the third-party product.
New Project. The Parties hereby agree to perform and undertake their respective obligations set forth in Appendix A related to Q100 v1.2 Software updates, attached hereto and incorporated by this herein reference. 3.
New Project. New projects can be created by clicking New Project in the Project Manager and entering a new project name in the Project dialog box or by specifying a new project when saving a member from an analysis. The new project becomes the default project for any subsequently saved members.
New Project. The Parties hereby agree to perform and undertake their respective obligations set forth in Appendix A related to Stability Study Scope, Design and Decisions attached hereto and incorporated by this herein reference. 3.
New Project. This Subparagraph (b) shall apply to all new ----------- buildings and other improvements constructed pursuant to Paragraph 11 hereof. Lessee will at its own expense at all times during said term keep all new buildings on the demised land insured against loss or damage by fire with extended coverage and an inflation guard endorsement in an insurance company authorized to do business in Hawaii and in time of war against war damage to the extent such governmental insurance is obtainable at reasonable cost, in an amount as near as practicable to the full insurable value thereof in the joint names of Lessor, Lessee and any mortgagee as their interests may appear, and will pay all premiums on such insurance when due, and will from time to time deposit promptly with Lessor current certificates of such insurance and upon request therefor true copies of such insurance policies. In every case of loss or damage to said buildings all proceeds of such insurance (excluding the proceeds of any rental value or use and occupancy insurance of Lessee) shall be used with all reasonable speed by Lessee for rebuilding, repairing or otherwise reinstating the same buildings in a good and substantial manner according to the original plan and elevation thereof or such modified plan conforming to laws and regulations then in effect as shall be first approved in writing by Lessor and any mortgagee, and Lessee will make up from its own funds any deficiency in the insurance proceeds. Provided, that if said building(s) shall during the last ten (10) years of the term of this Lease be destroyed or damaged to an extent exceeding FIFTY PERCENT (50%) of the actual cash value thereof immediately prior to such casualty, and the insurance proceeds are insufficient for restoring such building(s) as herein provided, and with the written consent of any mortgagee of this Lease, Lessee, in lieu of such restoration may at its option within sixty (60) days after such casualty remove all debris and remains of damaged building(s) and surrender to Lessor this Lease and all interest of Lessee and any mortgagee in the remaining insurance proceeds and thereby be relieved of any further obligations hereunder.
New Project. A Target Project will be deemed to be a “New Project”: Exploration Agreement
New Project. It is understood that PARI would not be obligated as part of the Project to develop formulations of [***], for use in a [***]. If the Parties agree for PARI to develop such other combinations in a [***], then the Parties would negotiate appropriate terms and conditions for such a product.
New Project. A new wastewater discharge project for which no DRBC docket or NJDEP permit exists at the time of application.
New Project. If the Producer gives notice to the Utility that it intends to build the New Project, the Utility shall, at its sole expense, forthwith design, construct, install, test, operate and maintain the New Project Transmission Facilities in accordance with sound utility practices. The Utility shall construct the New Project Transmission Facilities to such specifications as are deemed suitable to the Producer, after consultation with the Utility.
New Project. 4. Rush ( Due 1-3 Days) 5. Critical (Due Today)
