Common use of Accrued Rights; Surviving Provisions of the Agreement Clause in Contracts

Accrued Rights; Surviving Provisions of the Agreement. (a) Termination, relinquishment or expiration of this Agreement for any reason shall be without prejudice to any rights that shall have accrued to the benefit of any Party prior to such termination, relinquishment or expiration including the payment obligations under Article 6 hereof and any and all damages or remedies arising from any breach hereunder. For clarity, all payment obligations which have accrued and are due as of the termination, relinquishment or expiration date shall immediately become due and payable. Such termination, relinquishment or expiration shall not relieve any Party from obligations which are expressly indicated to survive termination of this Agreement. (b) The provisions of Articles 9, 11 and 13, 4 (by operation of the provisions of Section 12.5 as applicable), Sections 5.2 and 5.3 (by operation of the provisions of Section 12.5, as applicable), Sections 6.2 -6.11 (by operation of the provisions of Section 12.5, as applicable), 8.1, 8.4, 8.5, 10.4, 12.5, 12.6 and 13.2, as well as any applicable definitions in Article 1, shall survive the termination or expiration of this Agreement for any reason, in accordance with their respective terms and conditions, and for the duration stated, and where no duration is stated, shall survive indefinitely. Article 9 shall survive for a period of [***].

Appears in 2 contracts

Samples: Research and Development Collaboration and License Agreement (Orchard Rx LTD), Research and Development Collaboration and License Agreement (Orchard Rx LTD)

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Accrued Rights; Surviving Provisions of the Agreement. (a) Termination, relinquishment 14.4.1 Termination or expiration of this Agreement for any reason shall be without prejudice to any rights that shall have accrued to the benefit of any Party prior to such terminationtermination or expiration, relinquishment or expiration including the payment obligations under Article 6 hereof ARTICLE 9 hereof, and any and all damages or remedies arising from any breach hereunder. For clarity, all payment obligations which have accrued and are due as of the termination, relinquishment or expiration date shall immediately become due and payable. Such termination, relinquishment termination or expiration shall not relieve any Party from obligations which are expressly indicated to survive expiration or termination of this Agreement. (b) 14.4.2 The provisions of Articles 9ARTICLE 1 (Definitions), ARTICLE 11 (Confidentiality), ARTICLE 13 (Indemnification; Insurance), ARTICLE 14 (Term and 13Termination) and ARTICLE 15 (Miscellaneous) and Section 6.3 (Effect of Termination on Sublicenses), 4 Section 6.5 (by operation Licenses to Akcea), Section 6.6 (No Other Rights), Section 6.7 (Section 365(n) of the provisions Bankruptcy Code), Section 9.8 (Accounting), Section 9.10 (Taxes), Section 9.11 (Currency Exchange), Section 10.1 (Ownership of Inventions: Disclosure), and Section 12.5 as applicable), Sections 5.2 and 5.3 (by operation of the provisions of Section 12.5, as applicable), Sections 6.2 -6.11 (by operation of the provisions of Section 12.5, as applicable), 8.1, 8.4, 8.5, 10.4, 12.5, 12.6 and 13.2, as well as any applicable definitions in Article 1, Disclaimer) shall survive the termination of this Agreement in its entirety or expiration of this Agreement for any reason, in accordance with their respective terms and conditions, and for the duration stated, and where no duration is stated, shall survive indefinitely. Article 9 shall survive for a period of [***].

Appears in 2 contracts

Samples: Collaboration and License Agreement (Akcea Therapeutics, Inc.), Collaboration and License Agreement (PTC Therapeutics, Inc.)

Accrued Rights; Surviving Provisions of the Agreement. (a) Termination, relinquishment or expiration of this Agreement for any reason shall be without prejudice to any rights that shall have accrued to the benefit of any Party prior to such termination, relinquishment or expiration including the payment obligations under Article 6 hereof and any and all damages or remedies arising from any breach hereunder. For clarity, all payment obligations which have accrued and are due as of the termination, relinquishment or expiration date shall immediately become due and payable. Such termination, relinquishment or expiration shall not relieve any Party from obligations which are expressly indicated to survive termination of this Agreement. (b) The provisions of Articles 9, 11 and 13, 4 (by operation of the provisions of Section 12.5 as applicable), Sections 5.2 and 5.3 (by operation of the provisions of Section 12.5, as applicable), Sections 6.2 -6.11 6.2-6.12 (by operation of the provisions of Section 12.5, as applicable), 8.1, 8.410.5, 8.5, 10.4, 12.5, 12.5 and 12.6 and 13.2, as well as any applicable definitions in Article 1, shall survive the termination or expiration of this Agreement for any reason, in accordance with their respective terms and conditions, and for the duration stated, and where no duration is stated, shall survive indefinitely. Article 9 shall survive for a period of [***]five (5) years.

Appears in 2 contracts

Samples: Research and Development Collaboration and License Agreement (Prosensa Holding B.V.), Research and Development Collaboration and License Agreement (Prosensa Holding B.V.)

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Accrued Rights; Surviving Provisions of the Agreement. (a) Termination, relinquishment 13.4.1 Subject to Section 13.2.1 termination or expiration of this Agreement for any reason shall will be without prejudice to any rights that shall will have accrued to the benefit of any Party prior to such terminationtermination or expiration, relinquishment or expiration including the any payment obligations accrued as of the date of such termination under Article 6 hereof ARTICLE 8 hereof, and any and all damages or remedies arising from any breach hereunder. For clarity, all payment obligations which have accrued and are due as of the termination, relinquishment Such termination or expiration date shall immediately become due and payable. Such termination, relinquishment or expiration shall will not relieve any Party from obligations which are expressly indicated to survive expiration or termination of this Agreement. (b) 13.4.2 The provisions of Articles 9ARTICLE 1 (Definitions), 11 ARTICLE 10 (Confidentiality), ARTICLE 12 (Indemnification; Insurance), ARTICLE 13 (Term and 13Termination), 4 ARTICLE 14 (by operation Miscellaneous), Section 5.4 (Effect of Termination on Sublicenses), Section 5.5 (Consequences of Natural Expiration of this Agreement), Section 5.6 (No Other Rights), Section 5.7 (Section 365(n) of the provisions of Section 12.5 as applicableBankruptcy Code), Sections 5.2 and 5.3 Section 5.9 (by operation of the provisions of Section 12.5, as applicableCross Licenses Under Program Technology), Sections 6.2 -6.11 Section 8.10 (by operation of the provisions of Section 12.5, as applicableAccounting), 8.1Section 8.11 (Methods of Payments), 8.4Section 8.12 (Taxes), 8.5Section 8.13 (Currency Exchange), 10.4Section 8.14 (Interest), 12.5Section 9.1.2 (Ownership), 12.6 and 13.2, as well as any applicable definitions in Article 1, shall Section 11.6 (Disclaimer) will survive the termination of this Agreement or expiration of this Agreement for any reason, in accordance with their respective terms and conditions, and for the duration stated, and where no duration is stated, shall will survive indefinitely. Article 9 shall survive for a period of [***].165301880

Appears in 1 contract

Samples: License Agreement (Akcea Therapeutics, Inc.)

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