Common use of Accrued Obligations; Survival Clause in Contracts

Accrued Obligations; Survival. Upon any termination or any expiration of this Agreement, all rights and obligations of the parties under this Agreement shall terminate, except as expressly provided in this Section 10.5 or elsewhere in this Article 10. Neither expiration nor any termination of this Agreement shall relieve either party of any obligation or liability accruing prior to such expiration or termination, nor shall expiration or any termination of this Agreement preclude either party from pursuing all rights and remedies it may have under this Agreement, at law or in equity, with respect to breach of this Agreement. In addition, the parties’ rights and obligations under Sections 2.7, 7.1, 8.1, 8.2, 8.3, 9.8, 9.9, 10.4, 10.5, 10.6 and 10.7 and Articles 6, 11, 12 and 13 of this Agreement shall survive expiration or any termination of this Agreement.

Appears in 3 contracts

Samples: Collaboration and License Agreement (Equillium, Inc.), Collaboration and License Agreement (Equillium, Inc.), Collaboration and License Agreement (Equillium, Inc.)

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Accrued Obligations; Survival. Upon any termination or any expiration of this Agreement, all rights and obligations of the parties under this Agreement shall terminate, except as expressly provided in this Section 10.5 or elsewhere in this Article 1011.2. Neither expiration nor any termination of this Agreement shall relieve either party of any obligation or liability accruing prior to such expiration or termination, nor shall expiration or any termination of this Agreement preclude either party from pursuing all rights and remedies it may have under this Agreement, at law or in equity, with respect to breach of this Agreement. In addition, the parties’ rights and obligations under Sections 2.74.4, 7.15.1, 8.16.2(b), 6.4, 6.5, 6.6, 6.7, 8.2, 8.38.5, 9.88.6, 9.9, 10.4, 10.5, 10.6 11.2 and 10.7 11.3 and Articles 67, 119, 12 10, 12, 13 and 13 of this Agreement shall 14 will survive expiration or any termination of this Agreement.

Appears in 3 contracts

Samples: Clinical Supply Agreement (Equillium, Inc.), Clinical Supply Agreement, Clinical Supply Agreement (Equillium, Inc.)

Accrued Obligations; Survival. Upon any termination or any expiration of this Agreement, all rights and obligations of the parties under this Agreement shall terminate, except as expressly provided in this Section 10.5 or elsewhere in this Article 10. Neither expiration nor any termination of this Agreement shall relieve either party Party of any obligation or liability accruing prior to such expiration or termination, nor shall expiration or any termination of this Agreement preclude either party Party from pursuing all rights and remedies it may have under this Agreement, at law or in equity, with respect to breach of this Agreement. In addition, all terms and provisions of this Agreement which would reasonably be expected to survive expiration or termination shall so survive, including the partiesParties’ rights and obligations under Sections 2.74.12, 7.17.4, 7.5, 8.1, 8.2, 8.38.4, 9.88.6, 9.99.3, 10.49.4, 10.510.1, 10.6 10.3(b), 10.5(d), 10.6, 11.5, 11.6, 11.7, 11.8 and 10.7 11.9 and Articles 612, 11, 12 13 and 13 14 of this Agreement shall survive expiration or any termination of this Agreement.

Appears in 3 contracts

Samples: Collaboration, License and Option Agreement (Curis Inc), Collaboration, License and Option Agreement, Collaboration, License and Option Agreement (Curis Inc)

Accrued Obligations; Survival. Upon any termination or any expiration of this Agreement, all rights and obligations of the parties under this Agreement shall terminate, except as expressly provided in this Section 10.5 or elsewhere in this Article 10. Neither expiration nor any termination of this Agreement shall relieve either party of any obligation or liability accruing prior to such expiration or termination, including any obligation to make payments hereunder, nor shall expiration or any termination of this Agreement preclude either party from pursuing all rights and remedies it may have under this Agreement, at law or in equity, with respect to breach of this Agreement. In addition, the parties’ rights and obligations under Sections 2.7, 7.15.4, 8.16.1, 8.26.2, 6.3, 6.4, 6.5, 6.6, 6.7(a), 7.3, 7.4, 8.2 and 8.3, 9.8, 9.9, 10.4, 10.5, 10.6 and 10.7 and Articles 61, 113 (for payments owed to SCMM hereunder) and 9, 12 and 13 of this Agreement shall survive expiration or any termination of this Agreement.

Appears in 1 contract

Samples: Collaboration Agreement (CombiMatrix Corp)

Accrued Obligations; Survival. Upon any termination or any expiration of this Agreement, all rights and obligations of the parties under this Agreement shall terminate, except as expressly provided in this Section 10.5 or elsewhere in this Article 10. Neither expiration nor any termination of this Agreement shall relieve either party Party of any obligation or liability accruing prior to such expiration or termination, nor shall expiration or any termination of this Agreement preclude either party Party from pursuing all rights and remedies it may have under this Agreement, at law or in equity, with respect to breach of this Agreement. In addition, The following provisions shall survive the parties’ rights and obligations under Sections 2.7, 7.1, 8.1, 8.2, 8.3, 9.8, 9.9, 10.4, 10.5, 10.6 and 10.7 and Articles 6, 11, 12 and 13 termination or expiration of this Agreement shall survive expiration or for any termination of this AgreementLICENSE AGREEMENT reason: Articles 1, 4 (to the extent payments have accrued prior to termination), 5.1, 5.2, 5.3, 5.6, 6.5, 6.6, 7, 9.5, 9.6, 10 and 11.4 through 11.17.

Appears in 1 contract

Samples: License Agreement (Avalo Therapeutics, Inc.)

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Accrued Obligations; Survival. Upon any termination or any expiration of this Agreement, all rights and obligations of the parties under this Agreement shall terminate, except as expressly provided in this Section 10.5 or elsewhere in this Article 10. Neither expiration nor any termination of this Agreement shall relieve either party Party of any obligation or liability accruing prior to such expiration or termination, nor shall expiration or any termination of this Agreement preclude either party Party from pursuing all rights and remedies it may have under this Agreement, at law or in equity, with respect to breach of this Agreement. In addition, the partiesPartiesrights rights, and obligations under Sections 2.71 (to the extent the definitions are applicable to surviving obligations), 7.12.3, 4.2, 4.3, 5.1-5.4, 5.5, 5.6 (in each case with respect to obligations accrued prior to termination), 6, 7, 8.1, 8.29.3, 8.3, 9.8, 9.9, 10.4, 10.5, 10.6 10 and 10.7 and Articles 6, 11, 12 and 13 11 of this Agreement shall survive expiration or any termination of this Agreement.

Appears in 1 contract

Samples: And Supply Agreement (Spectrum Pharmaceuticals Inc)

Accrued Obligations; Survival. Upon any termination or any expiration of this Agreement, all rights and obligations of the parties under this Agreement shall terminate, except as expressly provided in this Section 10.5 or elsewhere in this Article 10. Neither expiration nor any termination of this Agreement shall relieve either party of any obligation or liability accruing prior to such expiration or termination, nor shall expiration or any termination of this Agreement preclude either party from pursuing all rights and remedies it may have under this Agreement, at law or in equity, with respect to breach of this Agreement. In addition, the parties’ rights and obligations under Sections 2.72.10, 7.14.8 (to the extent required for legal compliance by any party), 8.14.10, 8.24.13, 8.310.1, 9.811.3, 9.911.4, 10.411.5, 10.513.3, 10.6 13.4, and 10.7 13.5, and Articles 61, 118, 12 12, 14, 15, and 13 16 of this Agreement shall survive expiration or any termination of this Agreement. *** Confidential Information, indicated by [***], has been omitted from this filing and filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Collaboration and License Agreement (Anthera Pharmaceuticals Inc)

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