Effect of Termination of Exclusivity or Expiration of Initial Term Sample Clauses

Effect of Termination of Exclusivity or Expiration of Initial Term. (a) If the exclusivity obligations of AWARE and ACCESS shall terminate pursuant to Section 4.01, AWARE and ACCESS will discuss in good faith whether an extension of exclusivity or other modifications to this Agreement may be appropriate. [*Redacted pursuant to a Confidential Treatment Request dated September 10, 1999. Confidential Treatment ] If development of the Joint Product has not been completed at the time of termination of exclusivity pursuant to Section 4.01, then rights under such licenses shall apply to such portions of the Joint Product as shall be in existence on the date of termination (including any applications that are incomplete).
Sample 1
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Effect of Termination of Exclusivity or Expiration of Initial Term. (a) If the exclusivity obligations of AWARE and ACCESS shall terminate pursuant to Section 4.01, AWARE and ACCESS will discuss in good faith whether an extension of exclusivity or other modifications to this Agreement may be appropriate. Unless otherwise agreed in writing, upon termination of exclusivity pursuant to Section 4.01, the licenses granted in Sections 1.01, 3.02 and 3.05 shall remain in effect until five years from the date of termination of exclusivity, except that (i) the licenses granted to ACCESS shall be modified so that they shall no longer be exclusive, and (ii) the license granted to AWARE shall be modified so that it shall no longer be limited to non-Medical Uses. If development of the Joint Product has not been completed at the time of termination of exclusivity pursuant to Section 4.01, then rights under such licenses shall apply to such portions of the Joint Product as shall be in existence on the CONFIDENTIAL TREATMENT date of termination (including any applications that are incomplete).
Sample 1

Related to Effect of Termination of Exclusivity or Expiration of Initial Term

  • Effect of Termination or Expiration The termination or expiration of this Agreement shall not:

  • Effects of Termination or Expiration Upon termination or expiration of this Agreement for any reason:

  • Effect of Termination of Agreement The provisions of Section 4.00 will survive any termination of this Agreement and the existence of any claim or cause of action by the Executive against the Company or any Group Member, whether predicated on this Agreement or otherwise, will not constitute a defense to the enforcement by the Group, the Company or any other Group Member of the covenants and agreements of this Section 4.00; provided, however, that this Section 4.11 will not, in and of itself, preclude the Executive from defending against the enforceability of the covenants and agreements of Section 4.00.

  • Term and Termination of Engagement; Exclusivity The term of Xxxxxxxxxx’x exclusive engagement will begin on the date hereof and end six (6) months thereafter (the “Term”). Notwithstanding anything to the contrary contained herein, the Company agrees that the provisions relating to the payment of fees, reimbursement of expenses, right of first refusal, tail, indemnification and contribution, confidentiality, conflicts, independent contractor and waiver of the right to trial by jury will survive any termination or expiration of this Agreement. Notwithstanding anything to the contrary contained herein, the Company has the right to terminate the Agreement for cause in compliance with FINRA Rule 5110(g)(5)(B)(i). The exercise of such right of termination for cause eliminates the Company’s obligations with respect to the provisions relating to the tail fees and right of first refusal. Notwithstanding anything to the contrary contained in this Agreement, in the event that an Offering pursuant to this Agreement shall not be carried out for any reason whatsoever during the Term, the Company shall be obligated to pay to Xxxxxxxxxx its actual and accountable out-of-pocket expenses related to an Offering (including the fees and disbursements of Xxxxxxxxxx’x legal counsel) and, if applicable, for electronic road show service used in connection with an Offering. During Xxxxxxxxxx’x engagement hereunder: (i) the Company will not, and will not permit its representatives to, other than in coordination with Xxxxxxxxxx, contact or solicit institutions, corporations or other entities or individuals as potential purchasers of the Securities and (ii) the Company will not pursue any financing transaction which would be in lieu of an Offering. Furthermore, the Company agrees that during Xxxxxxxxxx’x engagement hereunder, all inquiries from prospective investors will be referred to Xxxxxxxxxx. Additionally, except as set forth hereunder, the Company represents, warrants and covenants that no brokerage or finder’s fees or commissions are or will be payable by the Company or any subsidiary of the Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other third-party with respect to any Offering.

  • Effect of Expiration or Termination Upon the expiration or termination of this Agreement for any reason:

  • Effects of Expiration or Termination Upon expiration or termination of this Agreement for any reason:

  • Effect of Termination Upon termination of this Agreement:

  • Term; Termination of Agreement This Agreement shall continue in force for a period of one year from the date hereof, subject to an unlimited number of successive one-year renewals upon mutual consent of the parties. It is the duty of the Independent Directors to evaluate the performance of the Advisor annually before renewing the Agreement, and each such renewal shall be for a term of no more than one year.

  • Termination of Exclusivity Section 9.1 (Exclusivity in Michigan) of this Agreement shall terminate upon any termination of the Agreements, notwithstanding any breach of the Agreements by the Band.

  • Effect of Expiration and Termination Expiration or termination of this Agreement shall not relieve the parties of any obligation accruing prior to such expiration or termination. The provisions of Articles 2, 5, 8, and Sections 3.8.1, 3.12, 7.4 and 9.11 shall survive the expiration or termination of this Agreement.

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