BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***].
BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***]. [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] Approved by [***] [***] [***] [***] [***] [***] CERTAIN IDENTIFIED INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***]. [***] [***]
BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***] organizations, any other providers of health insurance coverage or to federal, state/provincial, local and other governments, including their agencies, or to trade customers;
BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***] expense, in connection with the defense of a Claim for which indemnity is being sought. The Indemnified Party may participate in and monitor such defense with counsel of its own choosing at its sole expense; provided, however, except as otherwise set forth in Section 8.6 (Third Party Claim) with respect to infringement Claims, the Indemnifying Party may control and conduct the defense of the Claim with counsel of its choice. The Indemnifying Party will not settle any Claim without the prior written consent of the Indemnified Party, not to be unreasonably withheld, unless the settlement involves only the payment of money and includes a complete release of claims for the Indemnified Party. The Indemnified Party will not settle or compromise any such Claim without the prior written consent of the Indemnifying Party. If the Indemnifying Party does not assume and conduct the defense of the Claim within [***] days after receipt of written notice thereof from the Indemnified Party, then (a) the Indemnified Party may defend against, consent to the entry of any judgment, or enter into any settlement with respect to such Claim in any manner the Indemnified Party may deem reasonably appropriate (and the Indemnified Party need not consult with, but will obtain any consent (not to be unreasonably withheld) from, the Indemnifying Party in connection therewith) and (b) the Indemnifying Party will remain responsible to indemnify the Indemnified Party as provided in this ARTICLE 10 (Indemnification).
BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***] Information to agree, in writing, to be bound by duties and obligations of confidentiality and non-use no less stringent than those contained in this Section 11.1 (Confidentiality). Notwithstanding the obligations set forth in Section 11.1 (Confidentiality), a Party or its Affiliate may disclose the other Party’s Confidential Information and the terms of this Agreement to the extent:
BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***] Section 365(n) of the Bankruptcy Code, then OPKO (in any capacity, including debtor-in-possession) and its successors and assigns (including a trustee) will:
BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***] ***: if *** / Daily Dose ***; and ***, then the milestone owed and payable to OPKO will be equal to that corresponding pro rata percentage of the *** that is obtained. For example, if the *** obtained is ***, OPKO shall be entitled to a *** milestone payment of ***. ***: if *** / Daily Dose ***; and if the ***, then the milestone owed and payable to OPKO will be equal to that corresponding pro rata percentage *** between *** that is obtained. For example, if the *** obtained is ***, OPKO shall be entitled to a *** milestone payment of ***. First time aggregate Net Sales of the Product in the Territory exceed *** in an Agreement Year *** First time aggregate Net Sales of the Product in the Territory exceed *** in an Agreement Year *** First time aggregate Net Sales of the Product in the Territory exceed *** in an Agreement Year *** First time aggregate Net Sales of the Product in the Territory exceed *** in an Agreement Year ***
BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***]. Exhibit A Initial Services Time-Table incorporating the initial Statement of Work
BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***]. Exhibit B Design Specifications
BEEN OMITTED FROM THIS EXHIBIT. BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. OMISSIONS ARE IDENTIFIED AS [***] Sections 11.13 and 11.14. If, following final resolution of such dispute, it is determined that the disputed amounts were properly owed to the Invoicing Party, then the disputing Party shall pay such disputed amounts (plus interest calculated pursuant to Section 3.1.6(c)) to the invoicing Party within *** of final resolution of such dispute.
