Amendment of Development Agreement. The Development Agreement is hereby amended to provide that Exhibit A thereto shall be in the form of Exhibit II to this Amendment, Exhibit B thereto shall be in the form of Exhibit III to this Amendment, Exhibit E thereto shall be in the form of Exhibit IV to this Amendment and Exhibit F thereto shall be in the form of Exhibit V to this Amendment.
Amendment of Development Agreement. LMS and Universities agree that, effective as of the Closing, the Development Agreement shall be amended as follows:
(a) to change all references therein from "Phairson" to "LMS"; to change all references therein from "Foundation" to "Universities"; and to change all references therein from "ETH Zurich Institute of Biomedical Engineering...ETH" to "Swiss Federal Institute of Technology (ETHZ)".
Amendment of Development Agreement. The following sections of the Development Agreement are hereby amended with respect to development of Parcel 3 as follows:
Amendment of Development Agreement. The following sections of the Development Agreement for the development of the DC-9A/9B Property are hereby amended as follows:
Amendment of Development Agreement. InSite, B&L and SSP agree that, effective as of the Closing, the Development Agreement is hereby amended as follows:
(a) to exclude any obligation or liability of InSite to SSP to the extent such obligation or liability arises from or relates to the grant of a license by InSite to SSP;
(b) to change all references therein to InSite from InSite to B&L;
(c) to add the address of B&L set forth in Section 12 hereof to the addresses set forth in Section 17.7 of the Development Agreement;
(d) Section 5.2 is hereby amended to provide that B&L shall maintain the records referred to therein in accordance with B&L records retention policies as in effect from time to time, including, without limitation, policies relating to duration of records retention;
(e) a new Section 7.4(f) is added to read as follows:
(f) notwithstanding any contrary provision herein, Sections 7.4(d) and 7.4(e) do not apply in the event of any attempt by SSP to xxxxx any suspected infringement of the Joint Patent Rights in the SSP Territory including, without limitation, the initiation of an infringement suit or other proceeding.”
Amendment of Development Agreement. Section 6(e) of the Development Agreement is hereby amended to provide for the payment of 1998 Royalties in the manner set forth in Paragraph 2 above. Section 6(b)(B) of the Development Agreement is hereby amended to provide that in the event of CII's exercise of its rights under Paragraph 3 of this Agreement, then upon the payment by the Company of the amounts described in subparagraph (d) of Paragraph 3, the Development Agreement and the Company's obligations thereunder shall be terminated and of no further force and effect. The Development Agreement is hereby ratified and affirmed, and remains in full force and effect, except as amended in this Agreement.
Amendment of Development Agreement. LMS and Universities agree that, effective as of the Closing, the Development Agreement shall be amended as follows:
Amendment of Development Agreement. The Development Agreement is hereby amended as follows:
Amendment of Development Agreement a. The following definitions in Article I of the Development Agreement are hereby amended and restated in their entirety as follows:
Amendment of Development Agreement. Provided that Assignee is not in default of the Lease, this Assignment Agreement, or any other Transaction Document, Assignor shall not request, process or consent to any amendment of the Development Agreement that affects the Assigned Rights and Assumed Obligations without Assignee’s prior written consent, which Assignee may withhold in its sole and absolute discretion. Provided that Assignor is not in default of the Lease, this Assignment Agreement, or any other Transaction Document, Assignee shall not request, process or consent to any amendment of the Development Agreement that affects Assignor’s Rights or Assignor’s Obligations without Assignor’s prior written consent, which Assignor may withhold in its sole and absolute discretion. Nothing in this Section is intended as a waiver by Assignee of any rights that Assignee may otherwise have to contest any amendment of the Development Agreement requested, processed, or consented to by Assignor, if Assignee in good faith believes such amendment would affect the Assigned Rights and Assumed Obligations. Nothing in this Section is intended as a waiver of by Assignor of any rights that Assignor may otherwise have to contest any amendment of the Development Agreement requested, processed, or consented to by Assignee, if Assignor in good faith believes such amendment would affect Assignor’s Rights or Assignor’s Obligations.
