Bxxxxx its sublicensee or their respective Affiliates shall have the right to determine the names and trademarks to use in connection with the promotion, marketing and sale of Products, and shall own and maintain such trademarks for use in connection with the promotion, marketing and sale of Products; provided, however, that Bxxxxx shall include on all packaging, labeling and marketing and promotional materials regarding any Product the name Halozyme, and the mxxx Enhanze (or such other mxxx reasonably requested by Halozyme) as a secondary mxxx, reasonably identifying that such product incorporates technology of Halozyme. Nothing in this Agreement shall create an obligation on Halozyme to register or otherwise maintain in force any marks.
Bxxxxx. XXXXXX ONCOLOGY and THRESHOLD undertake to each other to keep, and shall procure that their respective Affiliates, Sub-Licensees, employees, directors, officers, consultants and contractors (including those of any Affiliate) shall keep, confidential all information marked “confidential” received from each other during or in anticipation of – but after the effective date of the confidentiality agreement between the parties dated October 4, 2002 – this Agreement however obtained and in whatever form (the “Confidential Information”) provided that Confidential Information shall not include the following:
10.1.1 information which at the time of disclosure by one party to the other is in the public domain;
10.1.2 information which after disclosure by one party to the other becomes part of the public domain by publication except by breach of this Agreement;
10.1.3 information which the receiving party can establish by competent proof was already in its possession at the time of its receipt and was not acquired directly or indirectly from the other party; or
10.1.4 information received from third parties who were lawfully entitled to disclose such information.
Bxxxxx. Xxxler agrees to the following undertakings in its capacity as a Broker-Dealer with regard to its Registered Representatives for Contracts:
Bxxxxx. AMERICAN REBEL HOLDINGS, INC.,
Bxxxxx shall engage Halozyme, and Halozyme shall have the exclusive right, to conduct development and regulatory work for the PH20 Drug component of each Product. All such activities by Halozyme shall be conducted at the reasonable request of Bxxxxx pursuant to a mutually acceptable written workplan that is customary in the industry. Following the end of each calendar quarter, Halozyme shall invoice Bxxxxx for the fully burdened cost to Halozyme to conduct such activities, and Bxxxxx shall pay each such invoice within sixty (60) days after receipt.
Bxxxxx. Healthcare Distribution Ltd a company duly organized under the laws of Israel with its principal place of business at 30 Xxxxxxxxx Xx Xx’xxxxx Xxxxxx (Xxxxxx Xxxxxx)
Bxxxxx the Companies and Sxxxxxx represent that the balance sheet attached to this Agreement as Exhibit D is an accurate statement of the unconsolidated assets, liabilities and shareholders' equity of Bxxxxx National Corporation (without subsidiaries) as of January 31, 1997.
Bxxxxx supplying to Oravax all Technical Information which is relevant and desirable and which will enable Oravax to carry out Process Development and Manufacture; and
Bxxxxx hereby authorises Oravax to use Bxxxxx’x intellectual property (excluding trade marks) on or in relation to the Products for the purpose only of exercising its rights and performing its obligations under this Agreement.
Bxxxxx and Oravax hereby acknowledge that neither of them shall acquire any rights in respect of the others intellectual property in relation to the Products or the Manufacture thereof or of the goodwill associated therewith.
