To Third Parties. If Roche grants a sublicense, all of the terms and conditions of this Agreement shall apply to the sublicensee to the same extent as they apply to Roche for all purposes of this Agreement. Roche assumes full responsibility for the performance of all obligations so imposed on such sublicensee and will itself pay and account to Gilead for all royalties due under this Agreement by reason of the operations of any such sublicensee.
To Third Parties. StarTek shall not subcontract any of its rights or obligations under this Agreement, with respect to Manufacturing and Supply and Services, except as follows:
To Third Parties. As of the Agreement Date, the CPR Ag Lots currently designated as Puuwai-5, Puuwai-6 and Kaulana-12 are subject to an agreement (the “Third Party Lease”) pursuant to which a third party (the “Tenant”) has the exclusive right to use and occupy such CPR Ag Lots. The Third Party Lease is scheduled to expire on October 31, 2023. If any portion of the Ag Lot is located within Puuwai-5, Puuwai-6 and Kaulana-12, this Agreement, and Licensee’s rights under this Agreement, shall be subject to the Third Party Lease and the Tenant’s right to use and occupy the Ag Lot (or portion thereof) located within Puuwai-5, Puuwai-6 and/or Kaulana-12. Without limiting the foregoing and notwithstanding anything to the contrary contained elsewhere in this Agreement, Licensee shall not enter or use any portion of the Ag Lot, which is located within Puuwai-5, Puuwai-6 and/or Kaulana-12 until such time as the premises demised under the Third Party Lease has been surrendered to Licensor (the “Surrender Date”). Notwithstanding this Agreement, Licensor shall retain all rights and obligations of the landlord under the Third Party Lease. This includes the rights and obligations to collect all rent payable under the Third Party Lease, to accept surrender of the premises, seek eviction of the Tenant, and otherwise enforce the terms and provisions of the Third Party Lease. The net proceeds received by Licensor arising from the Third Party Lease for the period between the Commencement Date and the Surrender Date shall be split proportionally among licensees (and Licensor with respect to any agricultural lots not licensed to a licensee) whose agricultural lots (or portions thereof) are located within Puuwai-5, Puuwai-6 and/or Kaulana-12 pro rata based on the area (measured in acres rounded to the nearest thousandth of an acre) of the agricultural lots located within Puuwai-5, Puuwai-6 and/or Kaulana-12. Licensor shall pay Licensee its share of the net proceeds within thirty (30) days after the Surrender Date. Upon Xxxxxx’s surrender of the premises, Licensor shall promptly notify Licensee of the Surrender Date and Licensee may enter and use the Ag Lot from and after the Surrender Date in accordance with this Agreement.
To Third Parties. Nothing in this Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to, any Third Party.
To Third Parties. The Lender shall in no event be responsible or liable to any person other than the Borrower for its disbursement of or failure to disburse the funds or any part thereof, and neither the contractor nor any subcontractor nor materialmen or craftsmen nor laborers nor others shall have any claim or right against the Lender under this Agreement or the Lender's administration thereof. The Lender shall not be liable to any materialmen, contractors, craftsmen, laborers or others for goods or services delivered by them in or upon the Property, nor for debts or claims accruing to any such parties against the Borrower. Nor shall the Lender be liable for the manner in which any disbursements under this Agreement may be applied by the Borrower and the contractor or either of them or for any compliance with the Florida Construction Lien Law. The Borrower is not and shall not be an agent for Lender for any purpose.
To Third Parties. Tenant shall not assign this Lease or any interest therein, nor lease or sublet the said Premises, or any part thereof, or any right or privilege appurtenant thereto, nor permit the occupancy or use of any part thereof by any other person, without the prior written consent of Landlord. A consent to one assignment, subletting, occupancy or use, shall not be construed as a consent to any subsequent assignment, subletting, occupancy or use. Any such assignment, subletting, occupancy or use, without the prior written consent of Landlord, shall at the option of Landlord terminate this Lease and any such purported assignment, sublease occupancy or use shall be null and void.
To Third Parties. Licensee shall have the right to freely transfer its rights and interest under the License and this Agreement to a third party, but subject to prior approval by the Licensing Authority, which approval shall not be unreasonably withheld or delayed. Example 4
To Third Parties. (b)If Chugai does not become a Sublicensee of Roche for Japan, then either Party may propose a Sublicensee for Japan, and the JSC shall agree upon such a Sublicensee for Japan. Upon the determination of the JSC regarding the identity of such Sublicensee, Roche 15 [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. shall negotiate the terms of and be a party to the sublicense agreement, which shall be on commercially reasonable terms and consistent with this Agreement. (c)Roche shall not have the right to grant sublicenses under the license granted to it under Section 2.1 to [*] without the prior written consent of Prothena. 0.0.
To Third Parties. In protecting the Proprietary Information of the disclosing Party from improper use of disclosure, the receiving Party shall use at least the same degree of care that it employs in protecting its own similar information, but in any event no less than a reasonable degree of care.
To Third Parties. If Roche grants a sublicense, all terms and conditions of this Agreement shall apply to the Sublicensee to the same extent as they apply to Roche for all purposes of this Agreement. Roche assumes full responsibility for the performance of all obligations so imposed on such Sublicensee and will itself pay and account to Maxygen for all Event Payments and royalties due under this Agreement by reason of the operations of any such Sublicensee. Any such sublicense that is inconsistent with the terms of this Agreement shall be null and void to the extent of the inconsistency and each such sublicense shall automatically terminate if the senior license terminates. Within [****] days after the date of effectiveness of any such sublicense, Roche shall notify Maxygen of such sublicense and the identity of each Sublicensee and the scope of rights granted to such Sublicensee. Roche shall not enter into an agreement granting a sublicense hereunder that permits the Sublicensee to grant further sublicenses without seeking and obtaining the prior written consent of Maxygen, which consent shall not be unreasonably withheld. **** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
