Failure to Exploit Clause Samples

Failure to Exploit. If Licensee fails to exploit the PSM as set forth in Paragraph 2(a) and 2(b), or fails to release the Wireless Products in accordance with the dates set forth in Paragraph 2(b), then Fox may terminate this Agreement forthwith on written notice without any cure period subject to the terms and conditions set forth in Paragraph 2(a) and 2(b), respectively.
View SourceView Similar (3)
Failure to Exploit. In the event that either BSC or Cook shall have failed to (i) file an Investigational Device Exemptio▇ ▇▇th the FDA or an equivalent filing with an appropriate governmental authority in one or more European countries with respect to a product incorporating or utilizing the Angiotech Technology prior to the thirty-month anniversary of the date of this Agreement, or (ii) file a Pre-market Approval Application or Section 510(K) Pre-Marketing Notification with the FDA or equivalent filing with an appropriate governmental authority in one or more European countries prior to the sixty-month anniversary of the date of this Agreement, then Angiotech shall have the right, at its election, to terminate any and all licenses granted by it to such party under this Agreement upon thirty (30) days prior written notice at any time prior to such filing.
View Source
Failure to Exploit. During any calendar quarter of the Term, Licensee fails to sell, manufacture, and/or distribute commercially reasonable quantities and assortments of any or all Licensed Articles.
View Source
Failure to Exploit. In the event that BSC shall have failed to (i) file an Investigational Device Exemption ("IDE") with the FDA or an equivalent filing in one or more European countries or Canada or initiate a BSC sponsored human clinical trial anywhere in the world, with respect to a product incorporating or utilizing the Angiotech Technology prior to December 31, 2000 (the "BSC IDE Target Date"), or (ii) file a Pre-Market Approval Application or Section 51O(k) Pre-Marketing Notification (collectively, "PMA") with the FDA or equivalent filing in one or more European countries or Canada or initiate commercial sale anywhere in the world, with respect to a product incorporating or utilizing Angiotech Technology prior to December 31, 2003 (the "BSC PMA Target Date") then Angiotech shall have the right, at its election, to terminate any and all licenses granted by it to BSC under this Agreement upon thirty (30) days prior written notice at any time prior to such filing; provided however BSC may extend the BSC IDE Target Date and/or the BSC PMA Target Date by up to twelve (12) months by written notice to Angiotech, in which case the next amount due of the BSC IDE Fee and the BSC PMA Fee shall be increased by One Million Dollars ($1,000,000). In any event, if clause (i) above is not satisfied by December 31, 2000, BSC shall pay Angiotech within twenty (20) business days the amount of Five Hundred Thousand Dollars ($500,000). As between Angiotech and Cook, the original Section 9.1(d) shall remain in full force ▇▇▇ effect until modified by Angiotech and Cook. 4. As between Angiotech and BSC, to replace Section 9.▇(▇) in its entirety with the following
View Source
Failure to Exploit. In the event that Genecraft does not (A) either: (i) receive funding to support the development and commercialization of the Materials in the Genecraft Field of Use or (ii) create corporate partnerships, strategic alliances or other relationships intended to financially support the development and commercialization of the Materials in the Genecraft Field of Use prior to the expiration of three (3) years from the data of this Agreement and (B) file an IND covering a Product prior to expiration of eight (8) years from the date of this Agreement, then XCYTE shall have the right, in its sole discretion, to terminate the license granted pursuant to Section 2.1 and all rights to and in the Materials shall revert to XCYTE.
View Source

Related to Failure to Exploit

  • Failure to Exercise Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within fifteen (15) days following the issuance of the First Participation Notice, the Company shall have one hundred and twenty (120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such one hundred and twenty (120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

  • Failure to Supply 4.2.1 If Company becomes aware that a Supply Interruption is reasonably likely to occur, Company shall promptly notify AbbVie by telephone or by written notification and shall provide AbbVie with the opportunity to meet in person or by teleconference to discuss the details to the extent they are known by Company. 4.2.2 In the event that Company is unable, or notifies AbbVie that it is unable or otherwise receives notice from its CMO that it will be unable to supply, for any reason, except for a Force Majeure Event, to supply Product in accordance with the quantities and/or delivery dates specified by AbbVie for such Product via Purchase Orders, Company shall have a period of *** days or such longer time as necessary so long as Company is using commercially reasonable efforts to cure such interruption to supply, during which time Company will prioritize AbbVie Purchase Orders of Product over Company or other customer orders. If such interruption to supply continues after such sixty (60) day period, AbbVie may, in its sole discretion: (a) cancel outstanding Purchase Orders with Company; (b) require Company to supply the undelivered Product at a future date agreed upon by the Parties; or (c) at Company’s sole expense, manufacture or have manufactured by a Third Party designated and qualified by AbbVie such quantity of ribavirin as AbbVie may reasonably determine with notice to Company as will meet AbbVie’s worldwide requirements in light of such interruption to supply. AbbVie shall be entitled to receive from Company *** % of AbbVie’s cover damages, comprising cost differences between the Product’s cost and the replacement product’s cost, and reasonable costs associated with procuring replacements for the Product, until such time as Company is capable of resuming its supply obligations under this Agreement. Upon Company’s resolution of the interruption to supply to the reasonable satisfaction of AbbVie, AbbVie shall be required to resume purchasing the Applicable Percentage of AbbVie Product Requirements from Company but shall be excused from purchasing that portion attributable to the permitted purchases from the Third Party manufacturer under Section 4.2.2(c).

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Elect If no election as to the Class of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be deemed to be under the Multicurrency Commitments. If no election as to the Currency of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be denominated in Dollars. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one month and, if an Agreed Foreign Currency has been specified, the requested Syndicated Borrowing shall be a Eurocurrency Borrowing denominated in such Agreed Foreign Currency and having an Interest Period of one month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, (i) if the Currency specified for such Borrowing is Dollars (or if no Currency has been so specified), the requested Borrowing shall be a Eurocurrency Borrowing denominated in Dollars having an Interest Period of one month’s duration, and (ii) if the Currency specified for such Borrowing is an Agreed Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

  • Failure to Enforce The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the right of such party thereafter to enforce each and every such provision.