Common use of Consequence of Non-Appointment Clause in Contracts

Consequence of Non-Appointment. If a Party does not appoint members of the JSC or any Subcommittee, it shall not be a breach of this Agreement, nor shall any consideration be required to be returned, and unless and until such members are appointed, the Parties shall discharge the roles of the JSC or any Subcommittee thereof directly.

Appears in 3 contracts

Samples: Collaboration and License Agreement (Incyte Corp), Collaboration and License Agreement (Merus N.V.), Collaboration and License Agreement (Incyte Corp)

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Consequence of Non-Appointment. If a Party does not appoint members of the JSC or any Subcommitteesubcommittee of the JSC, it shall not be a breach of this Agreement, nor shall any consideration be required to be returned, and unless and until such members are appointed, the Parties shall shall, subject to the ultimate decision-making authority of Incyte pursuant to Section 3.1(c) and 3.5 applied mutatis mutandis, discharge the roles decision-making responsibilities of the JSC or any Subcommittee subcommittee thereof directly.

Appears in 1 contract

Samples: Collaboration and License Agreement (Calithera Biosciences, Inc.)

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Consequence of Non-Appointment. If a Party (the “Appointing Party”) does not appoint members of the JSC, or does not replace a member of the JSC or any Subcommitteewho stops serving on the JSC, it shall not be a breach of this Agreement, nor shall any consideration be required to be returned, and unless and until such members persons are appointedappointed or replaced, the Parties shall other Party may discharge the roles of the JSC for which members were not appointed or any Subcommittee thereof directlyreplaced by the Appointing Party.

Appears in 1 contract

Samples: Global Research, Development and Commercialization Collaboration and License Agreement (Sangamo Biosciences Inc)

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