WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED i. 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. 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. 9.2 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. March 5, 2019 Mx. Xxx Xxxxxx, CEO Axxxxx XX, Inc. 20 Xxxxxxx Xxxx, Xxxxx 0000 Xxxxx Xxxx, XX 00000 RE: MASTER PROCUREMENT AGREEMENT Dear Mx. Xxxxxx: Club Car LLC (“Buyer”) and Austin E-V, Inc. (“‘Seller”) have entered or anticipate entering into one or more transactions (each a “Transaction”).
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED conditions of this Agreement, 89bio hereby agrees to retain Provider as a non-exclusive manufacturer of the 89bio Product, and Provider agrees to Manufacture the 89bio Product for 89bio at the Facility. Provider further agrees to Manufacture and supply the 89bio Product exclusively to 89bio.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED of a Party’s assets, either directly or through one or more subsidiaries), (b) the sale or disposition to a Third Party of all or substantially all the assets of a Party (determined on a consolidated basis) to which this Agreement relates, or (c) the sale or disposition to a Third Party of assets or businesses that constitute fifty percent (50%) or more of the total revenue or assets of a Party (determined on a consolidated basis).
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. In addition, the Receiving Party may disclose information that is required to be disclosed by Law, by a valid order of a court or by order or regulation of a governmental agency, including but not limited to, regulations of the SEC or in the course of arbitration or litigation; provided, however, that in all cases the Receiving Party shall give the other party prompt notice of the pending disclosure, to the extent permitted and practicable, and make a reasonable effort to assist the Disclosing Party, at the Disclosing Party’s expense, in obtaining, a protective order or confidential-treatment order preventing or limiting (to the greatest possible extent and for the longest possible period) the disclosure and/or requiring that the Confidential Information so disclosed be used only for the purposes for which the law or regulation required, or for which the order was issued. The foregoing notwithstanding, with respect to any such disclosure required by applicable Law or the requirements of any stock exchange to which a Party is subject, the Party required to make such disclosure shall (a) provide the other Party with notice and a copy of such proposed disclosure as far in advance of such filing or other disclosure as is reasonably practicable under the circumstances, and (b) provide the other Party a reasonable opportunity to request confidential treatment or review and comment on such communications. Notwithstanding anything to the contrary herein, if a Party is seeking to make a disclosure required by applicable Law as set forth in Section 7.5 or this Section 7.3, and the other Party provides comments, the Party seeking to make such disclosure or its counsel, as the case may be, shall in good faith (i) consider incorporating such comments and (ii) use reasonable efforts to incorporate such comments, limit disclosure or obtain confidential treatment to the extent reasonably requested by the other Party, to the extent that such Party reasonably determines such request to be consistent with applicable Law. Notwithstanding the foregoing, (i) the Receiving Party may disclose the Disclosing Party’s Confidential Information to actual or potential investors, acquirors, licensees, sublicensees, contractors and other financial or commercial partners solely for the purpose of evaluating or carrying out an actual or potential investment, acquisition, service (on behalf of Receiving Party) or collaboration; provided that in each such case such disclosure is on the condi...
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. 1.62 References to statutory provisions shall include the same as amended or re-enacted from time to time, whether before or after the date hereof.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED a. Oncorus may grant multiple sub-licenses under the Patent Rights in the Field and in the Territory, provided that the terms of this Agreement are incorporated within and made binding on any sub-licensees, save that subject to Section 5.2, nothing shall restrict Oncorus with respect to the amount of any milestone or other payments levied on its sub-licensees.
