Governmental Rights. No governmental entity, agency, standard setting organization or university has any claim, right, title, interest or license in or to any of the Patents notwithstanding the fact that governmental entity, agency, standard setting organization or university funding was received, or resources or facilities from any governmental entity, agency, standard setting organization or university was used, in connection with the conception, development or reduction to practice of any invention disclosed in any of the Patents.
Governmental Rights. Receiving Party understands that Disclosing Party’s Confidential Information may have been developed under a grant or contract from the United States Government or the State of Florida Government. The federal or state government may be entitled to certain rights in the Confidential Information and may also be entitled to exercise certain rights to the Confidential Information. Disclosing Party agrees to provide Receiving Party with further information about any governmental rights as part of the Confidential Information if Receiving Party requests this information in writing.
Governmental Rights. LICENSEE understands that the PATENT RIGHTS were developed under a funding agreement with the Government of the United States of America (“GOVERNMENT”) and that the GOVERNMENT may have certain rights relative thereto. Thus, notwithstanding anything hereunder, any and all licenses and other rights granted hereunder are limited by and subject to the rights and requirements of the GOVERNMENT which may arise out of its sponsorship of the research which led to the conception or reduction to practice of the PATENT RIGHTS. The GOVERNMENT is entitled, as a right, under the provisions of 35 U.S.C. §§ 200-212 and applicable regulations of Title 37 of the Code of Federal Regulations: (i) to a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on the behalf of the GOVERNMENT any of the PATENT RIGHTS throughout the world and (ii) to exercise march in rights on PATENT RIGHTS. This AGREEMENT shall be exclusive, to the extent allowed in accordance with Public Laws 96-517 and 98-620 in the LICENSED FIELD and is explicitly made subject to the GOVERNMENT’s rights under such GOVERNMENT funding agreement and any applicable law or regulation. If there is a conflict between the GOVERNMENT funding agreement, applicable law or regulation and this AGREEMENT, the terms of the GOVERNMENT funding agreement, applicable law or regulation shall prevail. LICENSEE agrees to take any actions necessary to enable UNIVERSITY to satisfy its obligations with the GOVERNMENT relating to the PATENT RIGHTS. LICENSEE agrees, during the period of exclusivity of this license in the United States, that any LICENSED PRODUCT produced for SALE in the United States will be manufactured substantially in the United States as required by 35 U.S.C. § 204.
Governmental Rights. Employee acknowledges that Emulex has entered or may enter into agreements with agencies of the United States government, and that Emulex may be subject to laws and regulations which impose obligations, restrictions, and limitations on Emulex with respect to Creations which may be acquired by Emulex or which may be conceived or developed by employees, consultants, and other agents rendering services to Emulex. Employee shall be bound by all such obligations, restrictions, and limitations applicable to any Creation of Employee. Employee also shall take any and all further action which may be required to discharge such obligations and to comply with such restrictions and limitations. Employee further shall assign to Emulex all of Employee's rights in any Creation of Employee if Emulex is required to grant those rights to the United States government or any agencies of the United States government.
Governmental Rights. Company’s rights in this Agreement may also be subject to certain rights and restrictions of the United States federal, state and/or local government(s) if the Biological Materials were created in the course of government-funded research, including, without limitation, any rights and restrictions set forth in 35 U.S.C. Section 200 et seq. and the regulations pertaining thereto (or any successor statutes or regulations). Company agrees to take all reasonable steps to permit Fred Hutch to satisfy its obligations thereunder. If any term of this Agreement fails to conform with the foregoing statutes and regulations the relevant term will be unenforceable and subject to the severability provisions of Section 8.6 of this Agreement.
Governmental Rights. All rights herein are subject to the rights and obligations to and requirements of the U.S. government, if any have arisen or may arise, regarding the Patent Rights, including as set forth in 35 U.S.C. §§200 et al., 37 C.F.R. Part 401 et al. (“Xxxx-Xxxx Act”). Company and Mayo each agree to comply with the provisions of the Xxxx-Xxxx Act as relevant to the Patent Rights, including in the case of Mayo, promptly reporting to the U.S. government all subject inventions and taking all actions necessary to take title to the Patent Rights, and in the case of Company, promptly providing to Mayo with information reasonably requested by Mayo that is necessary to enable Mayo to meet its compliance requirements under the Xxxx-Xxxx Act.
Governmental Rights. The Services consist of “commercial items,” as defined at FAR 2.101. In accordance with FAR 12.211-12.212 and DFARS 227.7102-4 and 227.7202-4, as applicable, the rights of the U.S. Government to use, modify, reproduce, release, perform, display, or disclose commercial computer software, commercial computer software documentation, and technical data furnished in connection with the Services will be as provided in this Agreement, except that, for U.S. Department of Defense end users, technical data customarily provided to the public is furnished in accordance with DFARS 252.227-7015. If a government agency needs additional rights, it must negotiate a mutually acceptable written addendum to this Agreement specifically granting those rights.
Governmental Rights. Employee shall assign to the Company all of Employee's rights in any Creation of Employee if the Company is required to grant those rights to the United States or any foreign government or any agencies of the United States or any foreign government.
Governmental Rights. If a Product contains or is made utilizing Licensed Technology developed with resources provided by the United States Federal Government (such as the subject matter of the MIT License), then the Parties shall comply with all applicable Laws relevant thereto (including the Xxxx-Xxxx Act). Sanofi may request, where necessary, that Translate Bio request that the relevant owner of the Licensed Technology or Licensed Improvement, as the case may be, seek a waiver from the United States Federal Government to the requirement to manufacture a Product, in whole or in part, in the United States, and if necessary, Translate Bio and Sanofi shall cooperate, and provide reasonable assistance to the relevant owner, to seek such a waiver, at Sanofi’s expense.
Governmental Rights. The parties understand that the Licensed Subject Matter may have been developed under a funding agreement with the U.S. DOE and, if so, that the U.S. DOE may have certain rights relative thereto under 35 U.S.C. Sections 201-207 and regulations thereunder, including without limitation (i) Department of Energy nonexclusive, nontransferable, irrevocable, paid-up, worldwide licenses to practice or have practiced, for or on behalf of the U.S. Government, the Licensed Subject Matter; (ii) certain march-in rights in accordance with 48 CFR 27.304-1(g), and (iii) the provisions of 35 U.S.C. 204, which requires exclusive licensees to manufacture substantially in the United States products embodying Licensed Products that such licensee produces for sale in the United States. The Regents and LBL represent and warrant that they (i) have complied and agree to continue to comply during the term of this Agreement with all laws and regulations applicable to such U.S. DOE funding agreement and (ii) have done and will continue to do all acts necessary or convenient for the protection of The Regent's rights to retain ownership of all inventions within the Licensed Subject Matter, including disclosing subject inventions to the U.S. DOE and electing to retain title in subject inventions.
