Adverse Termination Consequences for Elixir Sample Clauses

Adverse Termination Consequences for Elixir. Upon termination of this Agreement by Kissei under Section 16.2 or 16.4, or if Elixir terminates this Agreement pursuant to Section 16.3, Elixir, its Affiliates and Terminated Elixir Sublicensees shall cease use of the Kissei Patents, Kissei Know-How and the Kissei Regulatory Documentation. In addition, Elixir shall destroy or return (with confirmation letter to Kissei upon request) to Kissei any and all Kissei Know-How and Kissei Regulatory Documentation in the possession of Elixir, its Affiliates and Terminated Elixir Sublicensees, without delay, with the exception that each of Elixir and its Affiliates and Terminated Elixir Sublicensees may keep one copy for its legal files. Furthermore, upon termination of this Agreement by Kissei under Section 16.2 or 16.4, Elixir shall grant to Kissei upon such termination a fully paid-up (except as provided below) worldwide exclusive license, with the right to sublicense, under the Elixir Improvements, Elixir Know How and Elixir Regulatory Documentation, to develop, have developed, make, have made, promote, use and sell Compound and/or Products (other than Combination Products), but only to the extent that Elixir has not already granted such rights to any Elixir Sublicensee or other Third Party, and further provided that if (1) such license grant includes any Patents covering the manufacture, use or sale of any such Compound or Product, or (2) such termination occurs after Marketing Approval in the United States of any such Compound or Product, Kissei shall pay to Elixir a commercially reasonable payment on sales of such Compound or Product by Kissei, its Affiliates or any of its sublicensees for a reasonable duration of time on the sales of any Compounds or Products (and at least for as long as any such Patent is in force). * Confidential Treatment Requested
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Related to Adverse Termination Consequences for Elixir

  • SEVERANCE COMPENSATION IN THE EVENT OF A TERMINATION OTHER THAN FOR CAUSE In the event of a Termination Other Than for Cause, the Employee shall be paid as severance compensation his Base Salary (at the rate payable at the time of such termination) for a period of twelve (12) months from the date of such termination, on the dates specified in Section 3.1, and Employee shall also be paid an amount equal to the average annual bonus earned by the Employee as an employee of Avocent Corporation and its affiliates and predecessors in the two (2) years immediately preceding the date of termination. Notwithstanding anything in this Section 4.2 to the contrary, the Employee may in the Employee’s sole discretion, by delivery of a notice to the Employer within thirty (30) days following a Termination Other Than for Cause, elect to receive from the Employer a lump sum severance payment by bank cashier’s check equal to the present value of the flow of cash payments that would otherwise be paid to the Employee pursuant to this Section 4.2. Such present value shall be determined as of the date of delivery of the notice of election by the Employee and shall be based on a discount rate equal to the interest rate on 90-day U.S. Treasury bills, as reported in The Wall Street Journal (or similar publication), on the date of delivery of the election notice. If the Employee elects to receive a lump sum severance payment, Avocent Corporation shall cause the Employer to make such payment to the Employee within ten (10) days following the date on which the Employee notifies the Employer of the Employee’s election. The Employee shall also be entitled to have the vesting of any awards granted to the Employee under any AHC or Avocent stock option plans fully accelerated. The Employee shall be provided with medical plan benefits under any health plans of Avocent or Employer in which the Employee is a participant to the full extent of the Employee’s rights under such plans for a period of twelve (12) months from the date of such Termination Other Than for Cause (even if Employee elects to receive a lump sum severance payment).

  • Termination by the Company for Just Cause 7.2 The Company may terminate the employment of the Executive under this Agreement summarily, without any notice or any payment in lieu of notice, for Just Cause.

  • Termination by the Company for Cause; Termination by the Executive without Good Reason (a) For purposes of this Agreement, “

  • Termination of Employment by the Company for Cause The Company may terminate the Executive’s employment for Cause during the Term upon written notice to the Executive. If the Executive’s employment is so terminated by the Company, the Term shall end as of the Date of Termination and the Executive shall thereupon be entitled solely to the following:

  • Termination for Cause, or Termination Upon Death, Disability or Resignation from the Company Without Good Reason If Executive’s employment shall terminate as a result of Executive’s death pursuant to Section 3(a)(i) or Disability pursuant to Section 3(a)(ii), pursuant to Section 3(a)(iii) for Cause, or pursuant to Section 3(a)(vi) for Executive’s resignation from the Company without Good Reason, then Executive shall not be entitled to any severance payments or benefits, except as provided in Section 3(c).

  • Termination by the Company without Cause; Termination by the Executive for Good Reason (a) For purposes of this Agreement, “Good Reason” shall mean, unless otherwise consented to by the Executive,

  • Termination Giving Rise to a Termination Payment If there is a Covered Termination by the Executive for Good Reason, or by the Company other than by reason of (i) death, (ii) disability pursuant to Section 11, or (iii) Cause, then the Executive shall be entitled to receive, and the Company shall promptly pay, Accrued Benefits and, in lieu of further base salary for periods following the Termination Date, as liquidated damages and additional severance pay and in consideration of the covenant of the Executive set forth in Section 13(a), the Termination Payment pursuant to Section 8(a).

  • PROVISIONS SURVIVING TERMINATION The provisions of Sections 10, 14, 16, 21 and 29 of this Agreement shall survive termination of this Agreement for any reason.

  • Termination by the Company for Cause The Executive’s employment under this Agreement may be terminated by the Company for Cause at any time upon written notice to the Executive without further liability on the part of the Company. For purposes of this Agreement, a termination shall be for Cause if:

  • Effect of Termination Without Cause If Employee's employment is terminated "Without Cause":

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