Common use of By Reason Of FDA Action Clause in Contracts

By Reason Of FDA Action. If the FDA withdraws or recalls THALIDOMIDE from the market permanently, or in any other way revokes or terminates CELGENE's regulatory approval to market and sell THALIDOMIDE and/or PRODUCTS, CELGENE shall promptly notify ENTREMED in writing, and this Agreement and all of CELGENE's and ENTREMED's rights and obligations hereunder shall terminate upon receipt by ENTREMED of such notice.

By Reason Of FDA Action. If the FDA withdraws or recalls THALIDOMIDE from the market permanently, or in any other way permanently revokes or terminates CELGENE's regulatory approval to market and sell THALIDOMIDE and/or PRODUCTS, CELGENE shall promptly notify ENTREMED CMCC and BIOVENTURE in writing, and this Agreement and all of CELGENE's, CMCC's, BIOVENTURE's and ENTREMED's rights and obligations hereunder shall terminate with respect to THALIDOMIDE and/or such PRODUCTS, as applicable, upon receipt by ENTREMED CMCC and BIOVENTURE of such notice.