Application to Affiliates. I acknowledge that my duties as an employee of the Company may include providing certain management services to QLT Inc., Aegerion Pharmaceuticals, Inc., and other current or future affiliates of the Company within the meaning of the Delaware General Corporation Law (collectively the “Affiliates” and each an “Affiliate”), on behalf of the Company. I agree that each such Affiliate will have the same rights that the Company has under this Agreement (including the right to indemnification and other remedies under paragraph 12), and that I will have the same obligations to each Affiliate as I have to the Company under this Agreement, as if such Affiliate was a signatory to this Agreement instead of the Company, except that if there is any conflict between my obligations under this Agreement to the Company and to one or more of its Affiliates, my obligations to the Affiliate will prevail. I acknowledge to each Affiliate that it has direct rights against me under this Agreement. To the extent required by law to give full effect to these direct rights, I acknowledge and agree that the Company is and will be deemed to be acting as agent or trustee on behalf of and for the benefit of each Affiliate.
Application to Affiliates. For purposes of this Section 6, Intermolecular shall mean Intermolecular and/or its Affiliates as appropriate. Toshiba shall mean Toshiba Corporation and/or its Affiliates as appropriate. SanDisk shall mean SanDisk Corporation and/or its Affiliates as appropriate.
Application to Affiliates. The limitations and exclusions of Envestnet’s liability hereunder shall apply to FundQuest and all of its affiliates directly or indirectly.
Application to Affiliates. For purposes of this Agreement, the term "Company" refers to American HomePatient, Inc., a Delaware corporation, any successors by merger, and the term "affiliate" means each corporation, limited liability company, partnership, joint venture or other business entity in which American HomePatient, Inc. directly or indirectly has a 30% or greater ownership interest.
Application to Affiliates. The limitations and exclusions of CoinList’s liability hereunder shall apply to Customer and all of its affiliates directly or indirectly.
Application to Affiliates. It is understood and agreed that for purposes of the definitions of Takeda Intellectual Property, Takeda Patent Rights, Xxxxx Intellectual Property and Xxxxx Patent Rights and for purposes of Section 11.3, the term “Affiliate” shall exclude any third party that becomes an Affiliate of Xxxxx or Takeda after the Original Effective Date by way of [***].
Application to Affiliates. The Parties agree and acknowledge that Nycomed has performed certain of its obligations under the Former Distribution Agreement through Nycomed’s Affiliates and that Nycomed may perform certain of its obligations under this Agreement and the Pharmacovigilance QP Agreement through Nycomed’s Affiliates. Nycomed shall cause its Affiliates to comply with all of Nycomed’s obligations under this Agreement and the Pharmacovigilance QP Agreement to the same extent that Nycomed is itself obligated to perform hereunder or thereunder and Nycomed shall be responsible for any failure by any Affiliate to do so. Except as otherwise expressly stated herein, any references to Nycomed in this Agreement and the Pharmacovigilance QP Agreement shall also apply to Nycomed’s Affiliates to the extent such Affiliates have performed or will perform Nycomed obligations hereunder or thereunder.
Application to Affiliates. This Offtake Supply Agreement, as may be from time to time amended, shall apply to Nestlé Waters Affiliates and to Supplier Affiliates when buying and selling the Products. Nestlé Waters may amend from time to time Appendix 7 in writing in order to reflect the members of the Nestlé Waters Group and shall promptly inform the Supplier of any such amendment, provided that no such amendment shall adversely affect the rights or obligations of the Supplier hereunder. The Supplier may amend from time to time Appendix 8 in writing in order to reflect the members of the Supplier Group and shall promptly inform Nestlé Waters of any such amendment, provided that no such amendment shall adversely affect the rights or obligations of Nestlé Waters hereunder.
Application to Affiliates. The provisions of this Agreement shall also apply to the Affiliate(s) of either Party in which case said affiliates shall also be subject to the terms and conditions of this Agreement.
Application to Affiliates. Subject to Articles 3.3 and 37.10, this Offtake Supply Agreement shall apply to the Danone Affiliates and to the Supplier Affiliates with respect to the purchase and sale of the Products. Danone may amend from time to time Appendix 7 in writing in order to reflect the members of the Danone Group and shall promptly inform the Supplier of any such amendment, provided that no such amendment shall adversely affect the rights or obligations of the Supplier hereunder. The Supplier may amend from time to time Appendix 8 in writing in order to reflect the members of the Supplier Group and shall promptly inform Danone of any such amendment, provided that no such amendment shall adversely affect the rights or obligations of Danone hereunder.
