Commercial Application Sample Clauses

Commercial Application. Regado, either directly or with and through the efforts of its Affiliates and Sublicensees, shall at all times use commercially reasonable efforts to proceed with the development, manufacture and sale of Licensed Products, including, without limitation, maintaining sufficient facilities, resources and personnel to fulfill its obligations under this Agreement. In the event that Regado, its Affiliates and Sublicensees cease reasonable efforts to develop the commercial applications of the Licensed Products for a period of at least six (6) months Archemix will have the option, at its sole discretion, to terminate this Agreement pursuant to Section 11.2 below. In such event, Archemix may exercise its option; provided, however, that (a) Archemix delivers advance written notice of its decision to exercise such option to force a reversion of the technology to Archemix, and (b) for a period of three (3) months following Regado’s receipt of such notice, Regado, its Affiliates, and Sublicensees, shall have the right and opportunity to cure the alleged cessation of such reasonable commercial development. Further, if Regado or its Sublicensee disagrees that it has ceased reasonable efforts to commercialize a Licensed Product, or disagrees that it has not sufficiently cured a cessation of reasonable efforts, it can request arbitration of the termination decision under the terms of Section 8.3 by written notice to Archemix within one (1) month of a written notice of termination. Regado acknowledges and agrees that under the URC License Agreement and the Gilead¬Archemix License Agreement, Archemix rights in the Licensed IP Rights may revert to Gilead or the UTC if Archemix, its Affiliates and all assignees and xxxxxxxxxx.xx cease reasonable efforts to develop the commercial applications of the Licensed Products and services utilizing the Licensed IP Rights. Regado further acknowledges and agrees that, in the event of any termination of the URC License Agreement, the licenses granted to Regado hereunder shall remain in full force and effect in accordance with Section 3.4 of the URC License Agreement, provided that Regado is not then in breach of this Agreement and Regado agrees to be bound to UTC as the licensor under the terms and conditions of this Agreement. Regado further acknowledges and agrees that, in the event of any termination of the Gilead-Archemix License Agreement, the licenses granted to Regado hereunder shall remain in full force and effect in accordance wit...
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Commercial Application. As an inducement to STANFORD to enter into this Agreement, GEN-PROBE agrees to use all reasonable efforts and diligence to proceed with the development, manufacture, and sale or lease of Licensed Product(s) and to diligently develop markets for the Licensed Product(s). Notwithstanding the foregoing, nothing herein shall be construed or interpreted as a limitation on the right of GEN-PROBE, without being in breach of this Agreement, to improve and/or reconfigure its products, including any Licensed Product(s), to make use of new or different technology, even though doing so might mean that such products would not (or no longer) be Licensed Product(s) under this Agreement.
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Commercial Application. 11.1 As an inducement to STANFORD to enter into this AGREEMENT, NATUS agrees to use reasonable efforts and diligence to proceed with the development, manufacture, and sale or lease of Licensed Product(s) and to diligently develop markets for the Licensed Products(s). STANFORD's sole remedy for breach of this clause shall be the termination of this Agreement in accordance with Article 12 hereof.
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Commercial Application. Milgard will provide Parts at no charge to correct a Nonconformity in the mainframe, IGU or components for a Claim made within 10 years of the Manufacture Date by an Owner of a structure other than an Owner-Occupied Residential Dwelling.
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Commercial Application. LTI shall use its good faith efforts to proceed with the development, manufacture, and sale of Licensed Product(s) and to diligently develop markets therefor throughout the world and to meet such market demand. The parties acknowledge that LTI’s commercial application of the Licensed Product(s) is of the essence of this Agreement.
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Commercial Application. Except as otherwise provided in this Act, in carrying out commercial application programs and commercial application activities under this Act, the Secretary may use, to the extent authorized under applicable provisions of law, contracts, cooperative agreements, cooperative research and development agreements under the Xxxxxxxxx-Xxxxxx Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.], grants, joint ven- tures, and any other form of agreement avail- able to the Secretary. An objective of any com- mercial application program under this Act shall be to accelerate the transition of tech- nologies from the research and development stage.
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Commercial Application. System impact The addition of lidar technology to the WTG does interact with the overall dynamic behaviour and cost optimisation of the other turbine parts and the mechanic loading on the major components. An optimum integrated design takes this load mitigation into account to reduce the component CAPEX. Reliability aspects have to be evaluated. Erroneous signals may lead to increased loads. Adequate standards and guidelines on this topic would be very helpful for the market introduction. Further reliability aspects need to be included in the economic assessment of the innovation. A small improvement of power performance may also be achieved. System costs The costs for the lidar will increase CAPEX. This could be balanced by reduced cost for structural and mechanical components at the lower load level with forward looking lidar and could be balanced by improved power performance with lidar applied. The system costs and cost of energy for the 10 MW and the 20 MW reference turbines will be assessed in WP1.
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Commercial Application. The XXXXXXX.XX estimate of the amount of coated conductor presently needed to build a 10 MW generator is in the order of 350 km, which would result in 350000 km of tape needed to supply 10 % of the EU offshore capacity by 2030. The current annual production of coated conductor tape is 1000-2000 km. Thus one could in principle demonstrate a full-scale generator with the current production volume, but it would probably be advisable to await longer single piece lengths. • The coated conductor generator is at a stage where the integrity of the coils, the cooling technology and the cryogenic integration can be demonstrated for reliability. The wind power application of coated conductors can provide a major push for the development of the tapes, because it will bring a market of the size of the MRI industry. This push will probably not be done by the MRI industry as expected for the MgB2 wire, because the coated conductors are very hard to join in a superconducting joint, which is essential for the functionality of the MRI machines. The technical demand for the wind turbine generator is not as demanding, whereby the coated conductor is more suitable for the turbine generators<?>.
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Commercial Application. MI will provide Parts at no charge to correct a Nonconformity in the mainframe, IGU or components for a Claim made within 10 years of the Manufacture Date by an Owner of a structure other than an Owner-Occupied Residential Dwelling. Labor & Shipping. MI will provide Skilled Labor2 necessary to repair the Product and pay shipping costs for two (2) years from the Manufacture Date. Owner is responsible for the cost of all non-skilled labor, and for any labor or shipping costs for a Claim received more than two (2) years after the Manufacture Date. A fee will be charged for inspections requested more than two (2) years after Manufacture Date. MI shall not be responsible for the cost of labor or materials required for repairing or restoring any material or surfaces beyond the Product. MI is not responsible for any labor when a complete replacement unit is provided. Owner must provide access to the interior and exterior of the Product, and provide any scaffolding or lift equipment necessary to reach Product not accessible with a 15’ extension ladder. Where safe and practical access is not available, MI shall be required to provide only the Parts and will not be responsible for labor. If Owner fails to appear for a scheduled appointment, MI may leave the Parts and/or charge a separate fee to return and complete the service. Modified Coverages. Laminated and painted frames: 10 years for peeling, blistering, or excessive ultraviolet discoloration. Blinds between the glass and integral shades: 10 years for obstruction of vision and one (1) year for significant impairment in usage. Simulated divided light: 10 years for Nonconformity. Laminated and impact IGUs: Five (5) years for Nonconformity. Insect screens: Two (2) years for Nonconformity. Hardware in coastal applications: Two (2) years for corrosion. Warranty Claim Process. Submit claims to: MI Customer Care, P.O. Box 370, Gratz, PA 17030 | W: xxx.xxxxxxxxx.xxx | E: XxxxxxxxXxxx@xxxx.xxx | P: (000) 000-0000 | F: (000) 000-0000. MI shall have no obligation under this Warranty without prior notice as provided herein. Owner must submit a claim during the coverage period and within 30 days of discovering the perceived Nonconformity. Notice must include contact information, order number, and description of the issue. Photographs are required unless unobtainable. MI shall investigate and respond in a timely manner per the terms of this Warranty, including inspecting the Product at its option. Parts may not be an aesthet...
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Related to Commercial Application

  • General Application The rules set forth below in this Article IV shall apply for the purposes of determining each Member’s general allocable share of the items of income, gain, loss or expense of the Company comprising Net Income or Net Loss of the Company for each Fiscal Year, determining special allocations of other items of income, gain, loss and expense, and adjusting the balance of each Member’s Capital Account to reflect the aforementioned general and special allocations. For each Fiscal Year, the special allocations in Section 4.4 shall be made immediately prior to the general allocations of Section 4.3.

  • Regulatory Applications (a) Sky and SBI and their respective Subsidiaries shall cooperate and use their respective reasonable best efforts to prepare, within 45 days of the execution of this Agreement, all documentation and requests for regulatory approval, to timely effect all filings and to obtain all permits, consents, approvals and authorizations of all third parties and Governmental Authorities and Regulatory Authorities necessary to consummate the transactions contemplated by this Agreement. Each of Sky and SBI shall have the right to review in advance, and to the extent practicable each will consult with the other, in each case subject to applicable laws relating to the exchange of information, with respect to, and shall be provided in advance so as to reasonably exercise its right to review in advance, all material written information submitted to any third party or any Governmental Authority or Regulatory Authority in connection with the transactions contemplated by this Agreement. In exercising the foregoing right, each of the parties hereto agrees to act reasonably and as promptly as practicable. Each party hereto agrees that it will consult with the other party hereto with respect to the obtaining of all material permits, consents, approvals and authorizations of all third parties and Governmental Authorities or Regulatory Authorities necessary or advisable to consummate the transactions contemplated by this Agreement and each party will keep the other party apprised of the status of material matters relating to completion of the transactions contemplated hereby.

  • Patent Applications It is understood by the parties that, pursuant to the Baylor Technology Transfer Agreement, MAS has the initial responsibility for filing, prosecution and maintenance of Patents and Patent Applications covering the Baylor Technology. The parties agree that, as between MAS and CTI, MAS shall be responsible for deciding whether and how to file, prosecute and maintain the Patents and Patent Applications, provided that:

  • Notice, Application The Agent shall have received (with, in the case of the initial Revolving Loan only, a copy for each Bank) a Notice of Borrowing or a Notice of Conversion/Continuation, as applicable or in the case of any Issuance of any Letter of Credit, the Issuing Bank and the Agent shall have received an L/C Application or L/C Amendment Application, as required under Section 3.2;

  • Listing Application If shares of any class of stock of the Company shall be listed on a national securities exchange, the Company shall, at its expense, include in its listing application all of the shares of the listed class then owned by any Investor.

  • Prosecution of Patent Applications The Party filing a Patent Application will provide the non-filing Party with a copy of any official communication relating to prosecution of the Patent Application within thirty (30) days of transmission of the communication. Each Party will also provide the other Party with the power to inspect and make copies of all documents retained in the applicable Patent Application or Patent file. The Parties agree to consult with each other regarding the prosecution of Patent Applications directed to joint CRADA Subject Inventions. If Collaborator elects to file and prosecute Patent Applications on joint CRADA Subject Inventions, then Collaborator agrees to use the U.S.P.T.O. Customer Number Practice and/or grant PHS a power(s) of attorney (or equivalent) necessary to assure PHS access to its intellectual property rights in these Patent Applications. PHS and Collaborator will cooperate with each other to obtain necessary signatures on Patent Applications, assignments, or other documents.

  • Filing of Patent Applications Each Party will make timely decisions regarding the filing of Patent Applications on the CRADA Subject Inventions made solely by its employee(s), and will notify the other Party in advance of filing. Collaborator will have the first opportunity to file a Patent Application on joint CRADA Subject Inventions and will notify PHS of its decision within sixty (60) days of an Invention being reported or at least thirty (30) days before any patent filing deadline, whichever occurs sooner. If Collaborator fails to notify PHS of its decision within that time period or notifies PHS of its decision not to file a Patent Application, then PHS has the right to file a Patent Application on the joint CRADA Subject Invention. Neither Party will be obligated to file a Patent Application. Collaborator will place the following statement in any Patent Application it files on a CRADA Subject Invention: “This invention was created in the performance of a Cooperative Research and Development Agreement with the [INSERT into Agency’s model as appropriate: National Institutes of Health, Food and Drug Administration, Centers for Disease Control and Prevention], an Agency of the Department of Health and Human Services. The Government of the United States has certain rights in this invention.” If either Party files a Patent Application on a joint CRADA Subject Invention, then the filing Party will include a statement within the Patent Application that clearly identifies the Parties and states that the joint CRADA Subject Invention was made under this CRADA.

  • Commercial Supply Celgene shall Manufacture and supply all Commercial Supplies.

  • FCC Application The assignment of the Station Licenses as contemplated by this Agreement is subject to the prior consent and approval of the FCC. The FCC Application will be filed by the Buyers and the Sellers with the FCC within ten (10) days of the signing of this Agreement. The Sellers and the Buyers shall prosecute the FCC Application with all reasonable diligence and otherwise use their reasonable best efforts to obtain the grant of the FCC Application as expeditiously as practicable including the filing of this Agreement as an amendment to the prior filing; provided, however, that neither the Sellers nor the Buyers shall have any obligation to satisfy any complainant or the FCC by taking any steps which would have a material adverse effect upon the Sellers or the Buyers or upon any Affiliate of the Buyers or the Sellers, but neither the expense nor inconvenience to a Party of defending against a complainant or an inquiry by the FCC shall be considered a material adverse effect on such Party. If the FCC Consent imposes any condition on any Party hereto, such Party shall use its reasonable best efforts to comply with such condition; provided, however, that no Party shall be required to comply with any condition that would have a material adverse effect upon it or any of its Affiliates. The Buyers will provide the Sellers, and the Sellers will provide the Buyers, with a copy of any pleading, order or other document served on such Person relating to any FCC Application. Neither the Buyers nor the Sellers will, and each of them will use its reasonable best efforts not to cause or permit any of its officers, directors, partners or other affiliates to, take any action which could reasonably be expected to materially and adversely affect the likelihood of the grant of any FCC Consent. If reconsideration or judicial review is sought with respect to the FCC Consent, the Party affected shall vigorously oppose such efforts for reconsideration or judicial review; provided, however, that nothing herein shall be construed to limit either Party's right to terminate this Agreement pursuant to Article 16 hereof.

  • Commercialization License Subject to the terms of this Agreement, including without limitation Section 2.2 and Theravance's Co-Promotion rights in Section 5.3.2, Theravance hereby grants to GSK, and GSK accepts, an exclusive license under the Theravance Patents and Theravance Know-How to make, have made, use, sell, offer for sale and import Alliance Products in the Territory.

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