Effects of Expiration and Termination a. Upon Expiration or Termination (subject to Section 9.3(b)) of this Agreement, then each Party shall (i) return or destroy (and certify to such destruction) all copies of the other Party’s Confidential Information that are in its possession provided that each Party may retain any Confidential Information of the other Party that is necessary to exercise any continuing rights (if any) after such Expiration or Termination; and (ii) [***]; provided, however, that all such licenses for both Parties shall become non-exclusive in the event of Expiration (but not Termination) unless otherwise mutually agreed to by the Parties.
b. Upon termination under Section 9.2(c) or (d) of a breaching Party’s license under Section 6.3 by a non-breaching Party that continues to perform and satisfy all obligations under the Agreement, then:
i. the breaching party shall (i) return or destroy (and certify to such destruction) all copies of the non-breaching Party’s Confidential Information that are in its possession provided that each Party may retain any Confidential Information of the other Party that is necessary to exercise any continuing rights (if any) after such Termination; and (ii) maintain no rights whatsoever under the licenses granted to such breaching Party by the non-breaching Party under Section 6.3
Effects of Expiration and Termination. 11.5.1. In any event of early termination for a material breach by The Customer, The Customer will not be entitled to any refund whatsoever for the Fees.
11.5.2. Sections 5 (with respect to any Fees that accrue during the Subscription Period), 6, 7, 8, 9, 10, 11 and 12 will survive any expiration or termination of this Agreement.
Effects of Expiration and Termination. Unless otherwise specified in Section 12.02 or any of the provisions of the applicable SOW, upon expiration or termination of this Agreement:
(a) The License, the Support Services, and any other licenses and rights granted or afforded by Licensor to Licensee hereunder shall terminate as set forth herein or as specified in an applicable SOW.
(b) Licensee shall vacate and decommission to commercially reasonable standards the Dedicated Space, leave the Licensed Space broom clean and in the same general order and condition as the Licensed Space on the Effective Date, except for reasonable wear and tear, and promptly provide a copy of all decommissioning documentation to Licensor. Licensee shall after such termination or expiration: (1) remove all of Licensee’s personal property and all other property and effects of Licensee and all persons claiming through or under Licensee from the Licensed Space and the Premises, (2) remove all Equipment, and (3) repair all damage to the Licensed Space and the Premises, if any, occasioned by such removal, reasonable wear and tear excepted. Licensor shall provide Licensee with full access and the right to remove the foregoing property (including Equipment) from the Licensed Space following expiration or termination of this Agreement.
Effects of Expiration and Termination. 9.5.1. Upon early termination (but not expiration) of this Agreement by Biohaven under Section 9.2.3 either in a country or in its entirety, the following effects of termination shall apply and shall be effective as of the effective date of such termination in such country or worldwide, respectively:
(i) The rights and licenses in such country or worldwide as applicable granted to Biohaven under Sections 2.1.1, 2.1.2, and 2.3, shall terminate and any sublicenses granted under those licenses shall also terminate, except as otherwise agreed by the Parties with respect to Sublicensees on a case-by-case basis; and
(ii) Upon Highlightll’s request, Biohaven shall: (a) grant Highlightll a non-exclusive license, with the right to grant sublicenses through multiple tiers, under the Biohaven IP to Exploit Licensed Compounds and Licensed Products in the Field in such country or worldwide as applicable under commercially reasonable terms and conditions including, without limitation, a royalty; (b) transfer to Highlightll, at Highlightll 's reasonable costs and expense, (1) all Regulatory Materials in such country or worldwide as applicable; (2) all Regulatory Approvals in effect as of the date of such termination in such country or worldwide as applicable; (3) any and all material information pertaining to the Development and Commercialization of Licensed Compounds and Licensed Products reasonably necessary to Develop and Commercialize Licensed Compounds and Licensed Products in such country or worldwide as applicable , including any and all material submissions, documents or correspondence to a Regulatory Authority for Licensed Compounds and Licensed Products and clinical trial data pertaining to the Biohaven Territory;; and (c) take such other reasonable actions and execute such other instruments, assignments and documents as may be necessary to effect and evidence such transfers at Highlightll’s expense.
9.5.2. Upon early termination (but not expiration) of this Agreement by Biohaven under Section 9.2.1 or 9.2.4, the following effects of termination shall apply and shall be effective as of the effective date of such termination:
(i) The rights and licenses granted to Biohaven under Sections 2.1.1, 2.1.2 and 2.3 shall terminate and any sublicenses granted under those licenses shall also terminate, except as otherwise agreed by the Parties with respect to Sublicensees on a case-by-case basis;
(ii) The rights and licenses granted to Highlightll under Section 2.2 shall...
Effects of Expiration and Termination. Upon the expiration of this Agreement or the termination of this Agreement by a Party (the “Terminating Party”) for any reason, (a) [***], (b) [***], (c) [***], (d) [***]; provided that [***], and (e) each Party shall comply with Section 9.6 (Return or Destruction of Confidential Information) with regard to the return or destruction of each Party’s Confidential Information upon expiration or termination of this Agreement. In connection with the termination of this Agreement or expiration of this Agreement, each Party will, [***], use Commercially Reasonable Efforts to (i) [***], and (ii) [***]; provided that [***].
Effects of Expiration and Termination. Upon any expiration or termination of this Agreement for any reason, the rights granted to Sirtex shall terminate, and Sirtex shall deliver to OncoSec any and all of its inventory of Samples and Promotional Materials, and shall discontinue use of and return any Confidential Information relating to the Product. Expiration or termination of this Agreement for any reason shall not relieve the Parties of their respective rights or obligations incurred prior to the effective date of expiration or termination. The rights and remedies of the Parties are cumulative and not exclusive of any rights or remedies available at law, in equity, under this Agreement or otherwise.
Effects of Expiration and Termination. Following expiration or termination of this Agreement, Corporation shall deliver to AGTI all Confidential Information of AGTI, including, without limitation, the laboratory notebooks and records of the Research and Development kept by Corporation, and all copies thereof in Corporation's possession.
Effects of Expiration and Termination. Upon expiration or termination of this Agreement:
11.3.1. All rights and licenses granted to LICENSEE, its Affiliates, Sublicensees and Distributors terminate, subject to Section 11.3.2. LICENSOR at its sole discretion may choose to novate a sublicense by replacing LICENSEE as the party to a sublicense with LICENSOR according to the conditions of Section 2.3.
11.3.2. LICENSEE, Distributors and Sublicensees have the right to sell-off any existing inventory of Licensed Product for sixty (60) days following termination, on the condition that LICENSEE pay all royalties and other amounts due to LICENSOR pursuant to Section 4.
11.3.3. LICENSEE shall immediately initiate and file with the applicable Regulatory Authorities sponsor change of name documentation for the Licensed Orphan Designations and the Licensed IND (to the extent sponsor change of name took place according to Section 2.1.
Effects of Expiration and Termination. (a) Upon expiration or termination of this Agreement, all licenses and rights shall terminate;
(b) Following expiration or termination of this Agreement, (i) each of Licensee and Licensor shall, upon request of the other party, return or destroy all Licensor Confidential Information and Licensee Confidential Information, respectively, disclosed to it pursuant to this Agreement, including all copies and extracts of documents, as promptly as practicable following receipt of such request, except that one (1) copy may be kept for the purpose of complying with continuing obligations under this Agreement; and
(c) Following expiration or termination of this Agreement, Licensee shall vacate and decommission to commercially reasonable standards the Dedicated Space, leave the Licensed Space broom clean and in the same general order and condition as the Licensed Space on the Occupancy Date, except for reasonable wear and tear, and promptly provide a copy of all decommissioning documentation to Licensor. Licensee shall after such termination or expiration (1) remove all of Licensee’s personal property and all other property and effects of Licensee and all persons claiming through or under Licensee from the Licensed Space and the Premises, (2) remove all Equipment, and (3) repair all damage to the Licensed Space and the Premises, if any, occasioned by such removal, reasonable wear and tear excepted. Licensor shall provide Licensee with full access and the right to remove the foregoing property (including Equipment) from the Licensed Space following expiration or termination of this Agreement.
Effects of Expiration and Termination. Upon any expiration or termination of this Agreement with respect to a given Product or in its entirety, (a) all amounts due or payable to a Party that were accrued, or that arise out of acts or events occurring prior to the effective date of expiration or termination, shall remain due and payable and (b) neither Party shall be relieved of any obligation that accrued prior to the effective date of such expiration or termination.
