Licensed Territory. The Licensed territory means North America and Asia Pacific.
Licensed Territory. 3.01 The Territory in which the license granted to the LICENSEE pursuant to this Agreement is effective is as follows: The State of Missouri.
Licensed Territory. Worldwide NIH Patent License Agreement—Exclusive
I. The Licensee agrees to pay to the IC a noncreditable, nonrefundable license issue royalty in the amount of seven hundred and fifty thousand dollars ($750,000.00) as follows:
(a) A first payment of three hundred and seventy-five thousand dollars ($375,000.00) within sixty (60) days from the effective date of this Agreement; and
(b) A second payment of three hundred and seventy-five thousand dollars ($375,000.00) upon the first to occur of (1) the first anniversary of the effective date of this Agreement, or (2) the termination of this Agreement.
II. The Licensee agrees to pay to the IC a nonrefundable minimum annual royalty in the amount of seventy-five thousand dollars ($75,000.00) as follows:
(a) The first minimum annual royalty is due 1 January 2023; and
(b) Subsequent minimum annual royalty payments are due and payable on January 1 of each calendar year and may be credited against any earned royalties due for sales made in that year.
Licensed Territory. Except as otherwise provided in this Section 9.3(b)(i), XOMA shall be solely responsible for the preparation, filing, prosecution and maintenance of the XOMA Patents in its own name, and Joint Invention Patents in the name of Servier and XOMA, in the Licensed Territory, using patent counsel reasonably acceptable to Servier. The Parties shall discuss and confer with respect to the overall patent strategy with respect to the XOMA Patents and any Joint Invention Patents in the Licensed Territory. XOMA shall keep Servier advised of the status of all communications and actual and prospective filings and submissions regarding the XOMA Patents and Joint Invention Patents in the Licensed Territory, and shall give Servier a reasonable opportunity (but in no event less than ten (10) business days) to review and comment on any such communications, filings, filing date and submissions proposed to be sent to any patent office. XOMA shall incorporate all reasonable comments of Servier before making any substantive filing or submission related to the XOMA Patents or Joint Invention Patents in the Licensed Territory, provided that such comments are obtained at least [*] business days prior to the deadline for filing. If XOMA no longer wishes to maintain or prosecute any XOMA Patent or Joint Invention Patent in the Licensed Territory, then XOMA shall give reasonable notice to Servier, and thereafter, Servier may, upon written notice to XOMA, prosecute and maintain such XOMA Patent or Joint Invention Patent in its own name, and XOMA shall execute all required documents in order to assign to Servier such XOMA Patent or XOMA’s interest in such Joint Invention Patent, at XOMA’s expense. Servier shall be solely responsible for all costs and expenses incurred by XOMA or its Affiliates after the Effective Date and associated with the filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of the XOMA Patents and Joint Invention Patents in the Licensed Territory. Notwithstanding the foregoing, if Servier no longer desires to retain its license under any XOMA Patent or Joint Invention Patent in the Licensed Territory, and desires to cease payment of the costs of prosecution and maintenance thereof, it shall have the right to terminate such license to such Patent, and terminate reimbursement to XOMA of such costs, upon [*] days written notice; provided that with respect to any such Joint Invention Patent, Servier shall execute all re...
Licensed Territory. The Licensed Territory shall be limited to Mainland China (shall mean the People's Republic of China, and solely for purposes of this Agreement, including the Hong Kong Special Administrative Region and the Macau Special Administrative Region but excluding the Islands of Taiwan). For the avoidance of doubt, with respect to the sale of such technology in other countries outside the Licensed Territory, Party B agrees to then negotiate separately with the Joint Entity, and the export of such technology involving social public welfare shall not be subject to the restrictions of the Licensed Territory.
Licensed Territory. For Licensed Product No. 1: The States of Maryland, Virginia, North Carolina, South Carolina, and Florida, the City of Philadelphia, PA, and the District of Columbia. For Licensed Product No. 2: The States of Texas, Florida and the City of New Orleans, LA. For Licensed Product No. 3: The State of Arizona and California (Northern region only). For Licensed Product No. 4: The State of Washington and the City of Miami, FL. For Licensed Product No. 5: The United States of America. SCHEDULE D LICENSE PERIOD For Licensed Product No. 1: April 1, 1999 -December 31, 1999 For Licensed Product Nos. 2-4: May 15, 1999 - December 31, 1999 For Licensed Product No. 5: May 15, 1999 - April 30, 2000 SCHEDULE E COMPENSATION TOTAL GUARANTEED COMPENSATION: $125,000.00 PAYABLE AS:
Licensed Territory. Worldwide A-294-2011 NIH Patent License Agreement - Exclusive
Licensed Territory. Subject to this Section 12.3(b), Brii Bio shall have the first right (but not the obligation), as between VBI and Brii Bio, to bring and control any action or proceeding with respect to infringement of any VBI Patent in the Licensed Territory or Joint Patent in the Licensed Territory. VBI shall have the right, at its own expense, to be represented in any such action by counsel of its own choice, and VBI and its counsel will reasonably cooperate with Brii Bio and its counsel in strategizing, preparing and presenting any such action or proceeding provided, however, that Brii Bio may not make any submissions in any such action challenging the validity of a VBI Patent without the prior consent of VBI, such consent not to be unreasonably withheld. If Brii Bio fails to bring an action or proceeding with respect to infringement of any VBI Patent in the Licensed Territory, or Joint Patent in the Licensed Territory, within (i) sixty (60) days following the notice of alleged infringement or (ii) ten (10) days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, then VBI shall have the right (but not the obligation) to bring and control any such action, and Brii Bio shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. Except as otherwise agreed to by the Parties as part of a cost-sharing arrangement, any recovery or damages realized as a result of such action or proceeding shall be used first to pay the legal costs of both Parties associated with the enforcement action and second to compensate Brii Bio for losses directly associated the infringement. Any additional recovery or damages shall be shared equally between the Parties. In the event that the legal costs associated with an enforcement action exceed the amount recovered in such action, then Brii shall pay any such additional costs.
Licensed Territory. 3.01 The Territory in which the license granted to the LICENSEE pursuant to this Agreement is effective is as follows:
Licensed Territory. [***] shall have the first right to direct the preparation, filing, prosecution (including any interferences, reissue proceedings and reexaminations) and maintenance of the [***] Patent Rights and Joint Patents in the Licensed Territory at its sole cost and expense. [***] shall reasonably consult with [***] and keep [***] reasonably informed of the status of such [***] Patent Rights and Joint Patents, and shall provide [***], at [***] reasonable request, with (A) all material correspondence received from any patent authority in connection therewith and (B) copies of all files (including without limitation the complete texts of all patents and patent applications and copies of all office actions, office action responses and other official communications received from, or filed with, all relevant patent offices) that relate to the [***] Patent Rights or Joint Patents in the Licensed Territory. [***] shall confer with [***] and consider in good faith [***] comments prior to submitting such filings and correspondence, provided that [***] provides such comments within [***] ([***]) days (or a shorter period reasonably designated by [***] if [***] ([***]) days is not practicable given the filing deadline) of receiving the draft filings and correspondence from [***]. To aid [***] in prosecution of such [***] Patent Rights and Joint Patents, [***] will provide information, execute and deliver documents, and cooperate with [***] and do other acts as [***] may reasonably request. If [***] determines in its sole discretion to abandon or not maintain any [***] Patent Rights or Joint Patents anywhere in the Licensed Territory, then [***] shall provide reasonable prior written notice to [***] of such intention (which notice shall, to the extent possible, be given no later than [***] ([***]) days prior to the last deadline for any action that must be taken with respect to any such Patent in the relevant patent office). In such case, upon [***] written election provided no later than [***] ([***]) days after such notice from [***], [***] may prosecute and maintain such [***] Patent Rights or Joint Patents, by counsel selected by [***] reasonably acceptable to [***] and shall bear the costs of such prosecution and maintenance. If [***] does not provide such election within [***] ([***]) days after such notice from [***], [***] may, in its sole discretion discontinue to prosecute and maintain such [***] Patent Rights or Joint Patents without further obligation to [***].
