Common use of Effect of Expiration or Termination; Survival Clause in Contracts

Effect of Expiration or Termination; Survival. (a) Upon expiration or termination of this Agreement, each Party will within [**] days return, or have returned by its Related Parties, to the other Party all tangible Confidential Information of the other Party, except that each Party may retain (i) one copy which may be retained in a secure location solely for evidentiary purposes in the event of a dispute and (ii) any of the other Party’s Confidential Information to the extent necessary to exercise any rights of such Party which survive termination. (b) Except as set forth in Section 14.5 above or this Section 14.6, upon expiration or termination of this Agreement, each Party’s rights, obligations and licenses under this Agreement shall terminate, either in its entirety or with respect to particular Major Territory(ies), as the case may be; provided, however, that expiration or termination of this Agreement shall not relieve the Parties of any obligation, including payment obligations, accruing prior to such expiration or termination. (c) The provisions of Sections 3.7 (solely as set forth in Section 14.5), 4.3(f), 9.1-9.3 (solely as set forth in Section 14.5), 9.4-9.7, 10.1-10.2, 10.7-10.8 (solely to the extent that a Party’s rights to the Licensed Product(s) survive termination hereunder), 12.4, 14.1 (last sentence only), 14.5, 14.6, Articles XI, XIII and XV (except Section 15.15), and (if applicable) Section 14.4(d)(i) and Paragraph 4 of Exhibit G shall survive any expiration or termination of this Agreement in accordance with their terms.

Effect of Expiration or Termination; Survival. (a) Upon expiration or termination of this Agreement, each Party will within [**] days return, or have returned by its Related Parties, to the other Party all tangible Confidential Information of the other Party, except that each Party may retain (i) one copy which may be retained in a secure location solely for evidentiary purposes in the event of a dispute and (ii) any of the other Party’s Confidential Information to the extent necessary to exercise any rights of such Party which survive termination. (b) Except as set forth in Section 14.5 above or this Section 14.6, upon expiration or termination of this Agreement, each Party’s rights, obligations and licenses under this Agreement shall terminate, either in its entirety or with respect to particular Major Territory(ies), as the case may be; provided, however, that expiration Expiration or termination of this Agreement shall not relieve the Parties of any obligation, including payment obligations, obligation accruing prior to such expiration or termination. (c) . Any expiration or termination of this Agreement shall be without prejudice to the rights of either Party against the other accrued or accruing under this Agreement prior to expiration or termination, including without limitation the obligation to pay royalties sold prior to such expiration or termination. The provisions of Articles 1, 8, 9, and 12 and Sections 3.7 3.3 (solely as set forth in Section 14.5third and fourth sentences only), 4.3(f3.4, 3.6, 3.7.3, 3.7.4, 5.4, 6.1.2(b), 9.1-9.3 (solely as set forth in Section 14.56.2.6, 6.3, 6.6, 7.6, 7.7, 7.8(b), 9.4-9.710.1, 10.1-10.210.2.3, 10.7-10.8 10.4.2, 10.4.3, 10.4.4, 10.5 (solely to the extent that relevant to a Party’s rights to demand, claim or suit of the Licensed Product(s) survive termination hereundertype described in Section 10.4), 12.410.6, 14.1 (last sentence only)11.2.2, 14.5, 14.6, Articles XI, XIII and XV (except Section 15.15)11.3, and (if applicable) Section 14.4(d)(i) and Paragraph 4 of Exhibit G 11.7 shall survive any expiration or termination of this Agreement; provided, however, that if this Agreement is terminated pursuant to Section 11.2.1 and the Breaching Party or the Bankrupt Party is (a) Tekmira or its Affiliate, then Sections 6.1.2(b) and 12.17 shall terminate or (b) Alnylam, then Section 6.9 shall terminate. Except as set forth in accordance with their termsthis Article 11, upon termination or expiration of this Agreement all other rights and obligations cease.

Effect of Expiration or Termination; Survival. (a) Upon expiration or termination of this Agreement, each Party will within [**] days return, or have returned by its Related Parties, to the other Party all tangible Confidential Information of the other Party, except that each Party may retain (i) one copy which may be retained in a secure location solely for evidentiary purposes in the event of a dispute and (ii) any of the other Party’s Confidential Information to the extent necessary to exercise any rights of such Party which survive termination. (b) Except as set forth in Section 14.5 above or this Section 14.6, upon expiration or termination of this Agreement, each Party’s rights, obligations and licenses under this Agreement shall terminate, either in its entirety or with respect to particular Major Territory(ies), as the case may be; provided, however, that expiration Expiration or termination of this Agreement shall not relieve the Parties of any obligation, including payment obligations, obligation accruing prior to such expiration or termination. (c) . Any expiration or termination of this Agreement shall be without prejudice to the rights of either Party against the other accrued or accruing under this Agreement prior to expiration or termination, including without limitation the obligation to pay royalties sold prior to such expiration or termination. The provisions of Articles 1, 8, 9, and 12 and Sections 3.7 3.3 (solely as set forth in Section 14.5third and fourth sentences only), 4.3(f3.4, 3.6, 3.7.3, 3.7.4, 5.4, 6.1.2(b), 9.1-9.3 (solely as set forth in Section 14.56.2.6, 6.3, 6.6, 7.6, 7.7, 7.8(b), 9.4-9.710.1, 10.1-10.210.2.3, 10.7-10.8 10.4.2, 10.4.3, 10.4.4, 10.5 (solely to the extent that relevant to a Party’s rights to demand, claim or suit of the Licensed Product(s) survive termination hereundertype described in Section 10.4), 12.410.6, 14.1 (last sentence only)11.2.2, 14.5, 14.6, Articles XI, XIII and XV (except Section 15.15)11.3, and (if applicable) Section 14.4(d)(i) and Paragraph 4 of Exhibit G 11.7 shall survive any expiration or termination of this Agreement; provided, however, that if this Agreement is terminated pursuant to Section 11.2.1 and the Breaching Party or Confidential 63 the Bankrupt Party is (a) Tekmira or its Affiliate, then Sections 6.1.2(b) and 12.17 shall terminate or (b) Alnylam, then Section 6.9 shall terminate. Except as set forth in accordance with their termsthis Article 11, upon termination or expiration of this Agreement all other rights and obligations cease.

Effect of Expiration or Termination; Survival. (a) Upon expiration or termination of this Agreement, each Party will within [**] days return, or have returned by its Related Parties, to the other Party all tangible Confidential Information of the other Party, except that each Party may retain (i) one copy which may be retained in a secure location solely for evidentiary purposes in the event of a dispute and (ii) any of the other Party’s Confidential Information to the extent necessary to exercise any rights of such Party which survive termination. (b) Except as set forth in Section 14.5 above or this Section 14.6, upon expiration or termination of this Agreement, each Party’s rights, obligations and licenses under this Agreement shall terminate, either in its entirety or with respect to particular Major Territory(ies), as the case may be; provided, however, that expiration Expiration or termination of this Agreement shall not relieve the Parties of any obligation, including payment obligations, obligation accruing prior to such expiration or termination. (c) . Any expiration or termination of this Agreement shall be without prejudice to the rights of either Party against the other accrued or accruing under this Agreement prior to expiration or termination, including payment obligations arising prior to such expiration or termination. The provisions of Sections 3.7 (solely as set forth in Section 14.53.2(a)(ii), 4.3(f3.2(b)(ii), 3.2(c)(iv), 3.2(d), 3.3, 3.4, 3.5, 4.3(b), 4.3(c), 9.1-9.3 (solely as set forth in , 9.2, 9.3, 10.11, 10.12, 10.13, 11.3 and 11.4, this Section 14.5), 9.4-9.7, 10.1-10.2, 10.7-10.8 (solely to the extent that a Party’s rights to the Licensed Product(s) survive termination hereunder), 12.4, 14.1 (last sentence only), 14.5, 14.6, 11.5 and Articles XI, XII and XIII and XV (except Section 15.15), and (if applicable) Section 14.4(d)(i) and Paragraph 4 of Exhibit G shall survive any expiration or termination of this Agreement and all other provisions contained in accordance with this Agreement that by their termsexplicit terms survive expiration or termination of this Agreement, shall survive. Except as set forth in this Article XI, upon termination or expiration of this Agreement all other rights and obligations of the Parties under this Agreement terminate.

Effect of Expiration or Termination; Survival. (a) Upon expiration or termination of this Agreement, each Party will within [**] days return, or have returned by its Related Parties, to the other Party all tangible Confidential Information of the other Party, except that each Party may retain (i) one copy which may be retained in a secure location solely for evidentiary purposes in the event of a dispute and (ii) any of the other Party’s Confidential Information to the extent necessary to exercise any rights of such Party which survive termination. (b) Except as set forth in Section 14.5 above or this Section 14.6, upon expiration or termination of this Agreement, each Party’s rights, obligations and licenses under this Agreement shall terminate, either in its entirety or with respect to particular Major Territory(ies), as the case may be; provided, however, that expiration Expiration or termination of this Agreement shall not relieve the Parties of any obligation, including payment obligations, obligation accruing prior to such expiration or termination. (c) . Any expiration or termination of this Agreement shall be without prejudice to the rights of either Party against the other accrued or accruing under this Agreement prior to expiration or termination, including payment obligations arising prior to such expiration or termination. The provisions of Sections 3.7 (solely as set forth in Section 14.53.2(a)(ii), 4.3(f3.2(b)(ii), 3.2(c)(iv), 3.2(d), 3.3, 3.4, 3.5, 4.3(b), 4.3(c), 9.1-9.3 (solely as set forth in , 9.2, 9.3, 10.11, 10.12, 10.13, 11.3 and 11.4, this Section 14.5), 9.4-9.7, 10.1-10.2, 10.7-10.8 (solely to the extent that a Party’s rights to the Licensed Product(s) survive termination hereunder), 12.4, 14.1 (last sentence only), 14.5, 14.6, 11.5 and Articles XI, XII and XIII and XV (except Section 15.15), and (if applicable) Section 14.4(d)(i) and Paragraph 4 of Exhibit G shall survive any expiration or termination of this Agreement and all other provisions contained in accordance this Agreement that by their explicit terms survive expiration or termination of this Agreement, shall survive. Except as set forth in this Article XI, upon termination or expiration of this Agreement all other rights and obligations of the Parties under this Agreement terminate. *Confidential Treatment Requested. Omitted portions filed separately with their termsthe Commission.