WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED Clause Examples
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. If a Milestone Event is achieved prior to the achievement of any preceding Milestone Event(s), the Milestone Payments in respect of all such preceding Milestone Events shall become due. The Milestone Payments relating to Net Sales shall be payable only once for the first occurrence of the specified Milestone Event, regardless of the number of Licenced Products that achieve such Milestone Payments as specified in Part 2 of the Schedule. Other Milestone Payments may be triggered by a second or further Licenced Product in respect of an Indication, unless such Milestone Event has already been triggered by a preceding Licenced Product in that same Indication. Each Milestone Payment is distinct, and each is payable in addition to, and not instead of, any of other applicable Milestone Payment. The Company will notify the University within [***] after the Company and/or its Affiliates and/or Sub-Licencees becomes aware of the achievement of the Milestone Event for which a payment to the University is required and University shall send the Company an invoice for same. Each Milestone Payment shall be due with [***] of the date of the respective invoice.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. The arbitration decision shall be made by a single arbitrator, who has no conflicts, meets the standards of R-17 of the Rules with respect to impartiality and independence, and is chosen by mutual agreement of the Parties through the Arbitrator Appointment procedure set forth in D-6 of the Rules.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Notwithstanding the warranties contained in Clause 9.1, nothing in this Agreement shall constitute any representation or warranty by the University that the Initial Patent Applications shall proceed to grant or, if granted, the Licenced Patent Rights shall be valid, or that use and exploitation of the Licenced Patent Rights and the Licenced Know-how or the exercise of the Company’s rights under this Agreement will not infringe the rights of any third party, or that any Licenced Patent Rights are relevant to the Licenced Products.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. The captions or headings of the Clauses or other subdivisions hereof are inserted only as a matter of convenience or for reference and shall have no effect on the meaning of the provisions hereof.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED after the Effective Date a report detailing the status of the Licensed Product-Specific Patent Rights related to the Category 1 Programs, and (z) provide all assistance reasonably requested by Sarepta in Sarepta’s Prosecution and Maintenance of such Licensed Product-Specific Patent Rights and such Joint Arising Patent Rights (including by executing all requested documents and providing additional information with respect to the applicable Patent Rights). At its sole cost and expense, Sarepta will have the sole right to Prosecute and Maintain all Sarepta Arising Patent Rights that are not Sarepta Arising LC/LP Patent Rights.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Strategic Research And Development Agreement (this “Strategic R & D Agreement”) dated July 1, 2020 (the “Effective Date”) by and between RENOVACARE, INC., a Nevada corporation (the “Company”), and STEMCELL SYSTEMS GmbH (“SCS”). The Company and SCS are sometimes collectively herein referred to as the “Parties” and individually as a “Party.”
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. 1 Landlord to provide the Building Rules and Regulations.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. If and to the extent that BTPH may, under applicable law, be entitled to claim any ownership interest or Intellectual Property Rights in any Work Product, BTPH hereby transfers, grants, conveys, assigns, and relinquishes exclusively to CLIENT any and all rights, title and interest it now has or may hereafter acquire in and to the Work Product under patent, copyright, trade secret and/or trademark law in perpetuity or for the longest period otherwise permitted by law. BTPH shall assist CLIENT in every reasonable way to obtain and, from time to time, enforce patents, copyrights, trademarks, trade secrets and other rights and protection relating to such Work Product, and to that end, BTPH and its employees will execute all reasonable documents for use in applying for and obtaining such patents, copyrights, trademarks, trade secrets and other rights and protection with respect to any Work Product, as CLIENT may desire, together with any reasonable assignments thereof to CLIENT or persons designated by it. BTPH and its employees’ obligations to assist CLIENT in obtaining and enforcing patent, copyrights, trademarks, trade secrets and other rights and protection relating to any Work Product shall continue beyond the expiration or earlier termination of this Agreement. BTPH shall be compensated for such assistance by being paid a daily fee of [***] per skilled and experienced BTPH employee plus expenses.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED discretion, to any person, firm, corporation or other business entity which at any time, whether by purchase, merger or otherwise, directly or indirectly, acquires all or substantially all of the assets or business of the Company. The Company will require any successor (whether direct or indirect, by purchase, merger or otherwise) to all or substantially all of the business or assets of the Company expressly to assume and to agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. The failure of any such successor to so assume this Agreement shall constitute a material breach of this Agreement by the Company. As used in this Section 10(a), the “
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Second Amendment to Master Supply Agreement Amendment