Common use of Accrued Obligations; Survival Clause in Contracts

Accrued Obligations; Survival. 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 2.9 (Effect of Expiration of Option Without Exercise), 3.4 (Acknowledgment Regarding Arsanis Derived Antibodies), 3.8 (Acknowledgment of Foundation Rights), 4.4 (Quarterly Payment Timings) through 4.11 (Late Payments) (with respect to payment obligations outstanding or having accrued as the effective date of termination or expiration), 5.1 (Ownership and Inventorship), 5.2 (Assignment), 6.1 (General Confidentiality Obligations), 6.2 (Exclusions from Nondisclosure Obligation), 6.3 (Authorized Disclosures), 6.4 (Terms of Agreement), 6.5 (Return of Confidential Information), 6.7 (Certain Data), 7.3 (Disclaimer of Warranties), 7.4 (Limitation of Liability), 9.4 (Commitments Regarding RSV Antibodies), 9.5 (Effect of Expiration or Termination) and 9.6 (Accrued Obligations; Survival), and Articles 1 (Definitions), 8 (Indemnification) and 10 (Miscellaneous) shall survive any expiration or termination of this Agreement.

Accrued Obligations; Survival. 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 partiesThe Parties’ rights and obligations under Sections 2.9 2.2(b) and 2.2(c) (Effect Termination of Expiration of Option Without ExerciseCollaboration Agreement), 3.4 3.6 (Acknowledgment Regarding Arsanis Derived AntibodiesNo Implied Licenses), 3.8 4.2 (Acknowledgment of Foundation RightsNo Additional Consideration), 4.4 7.1 through 7.4 (Quarterly Payment Timings) through 4.11 (Late Payments; Reports; Audits) (solely with respect to payment obligations outstanding amounts accrued, but unpaid, under Article 6 as of such expiration or having accrued as the effective date of termination or expirationtermination), 5.1 7.5 (Ownership and InventorshipRecords; Audits), 5.2 8.1 (AssignmentOwnership), 6.1 9.1 (General Confidentiality ObligationsConfidentiality), 6.2 9.2 (Exclusions from Nondisclosure ObligationExceptions), 6.3 9.3 (Authorized DisclosuresDisclosure), 6.4 9.4 (Terms Confidentiality of this Agreement), 6.5 9.6 (Return of Confidential InformationPublication), 6.7 10.7 (Certain DataDisclaimer), 7.3 (Disclaimer of Warranties), 7.4 10.8 (Limitation of Liability), 9.4 (Commitments Regarding RSV Antibodies), 9.5 11.4 (Effect of Expiration or Termination) and 9.6 11.5 (Accrued Obligations; Survival), and Articles 1 (Definitions), 8 12 (Indemnification), 13 (Dispute Resolution) and 10 14 (Miscellaneous) of this Agreement shall survive any expiration or termination of this Agreement.

Accrued Obligations; Survival. 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 partiesThe Parties’ rights and obligations under Sections 2.9 Article 1 (Effect of Expiration of Option Without ExerciseDefinitions), 3.4 Section 2.2 [***], Section 2.3 (Acknowledgment Regarding Arsanis Derived AntibodiesImprovement License), 3.8 (Acknowledgment of Foundation Rights), 4.4 (Quarterly Payment Timings) through 4.11 (Late PaymentsSection 2.5(b) (Sublicenses, solely with respect to payment obligations outstanding applicable licenses hereunder that survive expiration or having accrued as the effective date termination of termination or expiration), 5.1 (Ownership and Inventorship), 5.2 (Assignment), 6.1 (General Confidentiality Obligations), 6.2 (Exclusions from Nondisclosure Obligation), 6.3 (Authorized Disclosures), 6.4 (Terms of this Agreement), 6.5 Section 2.12 (Return of Confidential InformationNo Implied Licenses), 6.7 Section 4.6(f) (Certain DataAudits, to the extent necessary for a Party to comply with Applicable Law, or, in the case of Cidara, to the extent necessary to exercise any licenses and rights granted to it under Section 11.7(c), 7.3 (Disclaimer of Warrantiesif applicable), 7.4 Section 4.9 (Records, to the extent necessary for a Party to comply with Applicable Law, or, in the case of Cidara, to the extent necessary to exercise any licenses and rights granted to it under Section 11.7(c), if applicable), Section 4.10 (Materials, solely with respect to ownership and restrictions on use), Section 5.6 (Records), Article 6 (Financial Terms, to the extent that any payment accrued prior to expiration or termination of this Agreement or accrues after termination of this Agreement pursuant to Section 11.7(c)(xi)), Article 7 (Payment; Reports; Audits, to the extent that any payment accrued prior to expiration or termination of this Agreement or accrues after termination of this Agreement pursuant to Section 11.7(c)(xi)), Section 8.1 (Ownership), Section 9.1 (Confidentiality), Section 9.2 (Exceptions), Section 9.3 (Authorized Disclosure), Section 9.4 (Confidentiality of this Agreement), Section 9.6 (Publication), Section 10.6 (Disclaimer), Section 10.7 (Limitation of Liability), 9.4 Section 11.6(a) (Commitments Regarding RSV AntibodiesDiscretionary Termination by Xxxxxxx), 9.5 Section 11.6(d) (Discretionary Termination by Xxxxxxx), Section 11.7 (Effect of Expiration or Termination) and 9.6 ), this Section 11.8 (Accrued Obligations; Survival), and Articles 1 Article 12 (DefinitionsIndemnification), 8 Article 13 (IndemnificationDispute Resolution) and 10 Article 15 (Miscellaneous) of this Agreement shall survive any expiration or termination of this Agreement.

Accrued Obligations; Survival. 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 2.9 (Effect of Expiration of Option Without Exercise), 3.4 (Acknowledgment Regarding Arsanis Adagio Derived Antibodies), 3.8 (Acknowledgment of Foundation Rights), 4.4 4.3 (Quarterly Payment Timings) through 4.11 4.10 (Late Payments) (with respect to payment obligations outstanding or having accrued as the effective date of termination or expiration), 5.1 (Ownership and Inventorship), 5.2 (Assignment), 6.1 (General Confidentiality Obligations), 6.2 (Exclusions from Nondisclosure Obligation), 6.3 (Authorized Disclosures), 6.4 (Terms of Agreement), 6.5 (Return of Confidential Information), 6.7 (Certain Data), 7.3 (Disclaimer of Warranties), 7.4 (Limitation of Liability), 9.4 (Commitments Regarding RSV CoV Antibodies), 9.5 (Effect of Expiration or Termination) and 9.6 (Accrued Obligations; Survival), and Articles 1 (Definitions), 8 (Indemnification) and 10 (Miscellaneous) shall survive any expiration or termination of this Agreement.