Common use of Failure to Commercialize Clause in Contracts

Failure to Commercialize. If Licensee is not fulfilling its obligations under Section 7.1 with respect to the Field in any country, and Caltech so notifies Licensee in writing, Caltech and Licensee shall negotiate in good faith any additional efforts to be taken by Licensee. If the parties do not reach agreement within thirty (30) days of Caltech’s written notice, the parties shall submit the issue to arbitration as provided in Article 12.

Appears in 4 contracts

Samples: Exclusive License Agreement (Gevo, Inc.), Exclusive License Agreement (Gevo, Inc.), License Agreement (VIASPACE Inc.)

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Failure to Commercialize. If Licensee is not fulfilling its obligations under Section 7.1 with respect to the Field in any countrythe Territory, and Caltech so notifies Licensee in writing, Caltech and Licensee shall negotiate in good faith any additional efforts to be taken by Licensee. If the parties Parties do not reach agreement within thirty (30) days [***] of Caltech’s written notice, the parties shall submit the issue Caltech may terminate this Agreement pursuant to arbitration as provided in Article 1210 and subject to Section 7.2.

Appears in 3 contracts

Samples: License Agreement (Avedro Inc), License Agreement (Avedro Inc), License Agreement (Avedro Inc)

Failure to Commercialize. If Licensee is not fulfilling its obligations under Section 7.1 with respect to the Field in any countryField, and Caltech so notifies Licensee in writing, Caltech and Licensee shall negotiate in good faith any additional efforts to be taken by Licensee. If the parties Parties do not reach agreement within thirty (30) days of Caltech’s written notice, the parties shall submit the issue Caltech may terminate this Agreement pursuant to arbitration as provided in Article 1210.

Appears in 1 contract

Samples: Licence Agreement (RxSight, Inc.)

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Failure to Commercialize. If Licensee is not fulfilling its obligations under Section 7.1 with respect to the Field in any country, and Caltech so notifies Licensee in writing, Caltech and Licensee shall negotiate in good faith any additional efforts to be taken by Licensee. If the parties do not reach agreement within thirty (30) days of Caltech’s 's written notice, the parties shall submit the issue to arbitration as provided in Article 12.

Appears in 1 contract

Samples: License Agreement (Universal Detection Technology)

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