No Guarantee of Success. Allogene and Cellectis acknowledge and agree that payments to Cellectis pursuant to Sections 5.1 and 5.2: (a) have been included in this Agreement on the basis that they are only payable or otherwise relevant if an Allogene Licensed Product is successfully Developed or Commercialized, as applicable; (b) are solely intended to allocate amounts that may be achieved upon successful Development or Commercialization of an Allogene Licensed Product between Allogene (who will receive all Allogene Licensed Product sales revenues) and Cellectis; (c) are not intended to be used and will not be used as a measure of damages if this Agreement is terminated for any reason, including pursuant to Allogene’s right to terminate at for convenience, before any such success is achieved and such amounts become due; and (d) will only be triggered, and will only be relevant as provided, in accordance with the terms and conditions of such provisions. Allogene and Cellectis further acknowledge and agree that nothing in this Agreement will be construed as representing any estimate or projection of (i) the successful Development or Commercialization of any Allogene Licensed Product under this Agreement, (ii) the number of Allogene Licensed Products that will or may be successfully Developed or Commercialized under this Agreement, (iii) anticipated sales or the actual value of any Allogene Licensed Products that may be successfully Developed or Commercialized under this Agreement or (iv) the damages, if any, that may be payable if this Agreement is terminated for any reason. Allogene makes no representation, warranty or covenant, either express or implied, that (A) it will successfully Develop, Manufacture, Commercialize or continue to Develop, Manufacture or Commercialize any Allogene Licensed Product in any country, (B) if Commercialized, that any Allogene Licensed Product will achieve any particular sales level, whether in any individual country or cumulatively throughout the Territory or (C) Allogene will devote, or cause to be devoted, any level of diligence or resources to Developing or Commercializing any Allogene Licensed Product in any country, or in the Territory in general, other than is expressly required under Section 2.2.
No Guarantee of Success. Any projections or predictions that may have been made available to Subscriber through the Offering Circular are based on estimates, assumptions and forecasts which may prove to be incorrect; and no assurance is given that actual results will correspond with the results contemplated by the various projections;
No Guarantee of Success. The Investor acknowledges that this is a speculative investment involving a high degree of risk and that there is no guarantee of success or that the Investor will realize any gain from this investment, and the Investor could lose the total amount of its investment.
No Guarantee of Success. Selexis shall perform the Services in accordance with the standards described in Section 2.1. Except for Selexis’ performance of the Services in accordance with Sections 2.1 and 7.7, Selexis does not give any assurance or warranty as to any particular results or success of performing the Services.
No Guarantee of Success. WISPA makes no express or implied warranty as to the success or profitability the Exhibitor will have from exhibiting, sponsoring, attending, or conducting any other promotion at the Show.
No Guarantee of Success. Collegium and BDSI acknowledge and agree that nothing in this Agreement will be construed as representing any estimate or projection of (i) the successful Development or Commercialization of any Licensed Product under this Agreement, (ii) the number of Licensed Products that will or may be successfully Developed or Commercialized under this Agreement, (iii) anticipated sales or the actual value of any Licensed Products that may be successfully Developed or Commercialized under this Agreement or (iv) the damages, if any, that may be payable if this Agreement is terminated for any reason. Neither Party makes any warranties, express or implied, or covenants concerning the success of the Development or Commercialization of any Licensed Products or the commercial utility, merchantability, or fitness for a particular purpose of any Licensed Product. In addition, Collegium makes no representation, warranty or covenant, either express or implied, that (A) it will successfully Develop or Commercialize or continue to Develop or Commercialize any Licensed Product in the Territory, (B) if Commercialized, that any Licensed Product will achieve any particular sales level in the Territory or (C) it will devote, or cause to be devoted, any level of diligence or resources to Developing or Commercializing any Licensed Product in the Territory, other than is expressly required under Sections 2.02 and 5.01(a) and Article VI.
No Guarantee of Success. Except as otherwise specifically provided in this Agreement, neither of the Parties makes any representations or warranties, express, implied, statutory or otherwise, concerning the success or potential success of the Development or Commercialization of Collaboration Products.
No Guarantee of Success. It is impossible to provide any promise or guarantee about the outcome of Client's matter. Nothing in this Agreement or any statements by Xxxxx or his assistants in dealing with the Client's matters constitute a promise or guarantee. Any comments about the outcome of the Client's matters are expressions of opinion only.
No Guarantee of Success. Each of GMR and BAC acknowledge and agree that there is no guarantee of the commercial viability of the Project. BAC further does not guarantee any technical performance for the Project, which includes, but not limited to, gold recovery and/or arsenic removal.
No Guarantee of Success. 3.7.1. Pfizer and BioNTech acknowledge and agree that payments to BioNTech pursuant to Section 3.3, Section 3.4 and Section 3.5: (a) have been included in this Agreement on the basis that they are only payable or otherwise relevant if a certain Product is successfully Developed or Commercialized in such country, as applicable; (b) are solely intended to allocate amounts that may be achieved upon successful Development or Commercialization of such Product as applicable, between Pfizer (who will receive all Product sales revenues) and BioNTech; (c) are not intended to be used as a measure of damages if this Agreement is terminated for any reason, including pursuant to Pfizer’s right to terminate for convenience, before any such success is achieved and such amounts become due; and (d) will only be triggered, and will only be relevant as provided, in accordance with the terms and conditions of such provisions.
