Common use of Conditions for the Benefit of Novartis Clause in Contracts

Conditions for the Benefit of Novartis. The foregoing Global Conditions are for the sole benefit of Novartis and shall not give rise to or create any duty on the part of Novartis to waive or not waive such Global Conditions or in any way limit: (a) the right of Novartis pursuant to Clause 5.1 (Novartis Discretion to Implement the Distribution) to determine, in its sole and absolute discretion, whether and when to proceed with all or part of the Distribution and all terms of the Distribution; or (b) the right of Novartis to terminate this Agreement as set forth in Clause 27 (Termination) or alter the consequences of any such termination from those specified in Clause 27 (Termination). Any determination made by Novartis concerning the satisfaction or waiver of any or all of the Global Conditions shall be conclusive and binding on the Parties.

Conditions for the Benefit of Novartis. The foregoing Global Conditions are for the sole benefit of Novartis and shall not give rise to or create any duty on the part of Novartis to waive or not waive such any Global Conditions Condition or in any way limit: (a) the right of Novartis pursuant to Clause 5.1 (Novartis Discretion to Implement the Distribution) to determine, in its sole and absolute discretion, whether and when to proceed with all or part of the Distribution and all terms of the Distribution; or (b) the right of Novartis to terminate this Agreement as set forth in Clause 27 23 (Termination) or alter the consequences of any such termination from those specified in Clause 27 23 (Termination). Any determination made by Novartis concerning the satisfaction or waiver of any or all of the Global Conditions shall be conclusive and binding on the Parties.