Common use of Licensor Bankruptcy Clause in Contracts

Licensor Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by Rigel to Xxxxxxx are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11, U.S. Code (the "Bankruptcy Code"), licenses of rights to "intellectual property" as defined under section 101(60) of the Bankruptcy Code. The Parties agree that Xxxxxxx, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. Rigel agrees during the term of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, of all such intellectual property. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against Rigel under the Bankruptcy Code, Xxxxxxx shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and the same, if not already in its possession, shall be promptly delivered to Xxxxxxx, upon written request therefor by Xxxxxxx, (a) upon any such commencement of a bankruptcy proceeding, unless Rigel elects to continue to perform all of its obligations under this Agreement, or (b) if not delivered under clause (a) above, upon the rejection of this Agreement by or on behalf of Rigel.

Licensor Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by Rigel Licensor to Xxxxxxx Licensee are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11, U.S. Code (the "United States Bankruptcy Code"), licenses of rights to "intellectual property" as defined under section 101(60Section 101(56) of the United States Bankruptcy Code. The Parties parties agree that XxxxxxxLicensee, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the United States Bankruptcy Code. Rigel agrees during the term of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, of all such intellectual property. The Parties parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against Rigel Licensor under the United States Bankruptcy Code, Xxxxxxx Licensee shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and the same, if not already in its possession, shall be promptly delivered to Xxxxxxx, Licensee upon written request therefor by Xxxxxxx, Licensee (a) upon any such commencement of a bankruptcy proceeding, unless Rigel Licensor elects to continue to perform all of its obligations under this Agreement, or (b) if not delivered under clause this Agreement, or if not delivered under (a) above, upon the rejection of this Agreement by or on behalf of RigelLicensor.

Licensor Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by Rigel NeoRx to Xxxxxxx are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11, U.S. Code (the "Bankruptcy Code"), licenses of rights to "intellectual property" as defined under section Section 101(60) of the Bankruptcy Code. The Parties agree that Xxxxxxx, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. Rigel NeoRx agrees during the term of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, embodiments of all such intellectual propertyproperty licensed hereunder. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against Rigel NeoRx under the Bankruptcy Code, Xxxxxxx shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and the same, if not already in its possession, shall be promptly delivered to Xxxxxxx, upon written request therefor by Xxxxxxx, (a) upon any such commencement of a bankruptcy proceeding, unless Rigel NeoRx elects to continue to perform all of its obligations under this Agreement, or (b) if not delivered under clause (a) above, upon the rejection of this Agreement by or on behalf of RigelNeoRx.

Licensor Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by Rigel ACT to Xxxxxxx PRI are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11, U.S. Code code (the "Bankruptcy Code"), licenses of rights to "intellectual property" as defined under section 101(60) of the Bankruptcy Code. The Parties agree that XxxxxxxPRI, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code. Rigel ACT agrees during the term of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, of all such intellectual property. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against Rigel ACT under the Bankruptcy Code, Xxxxxxx PRI shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and the same, if not already in its possession, possession shall be promptly delivered to Xxxxxxx, upon written request therefor by Xxxxxxx, PRI (a) upon any such commencement of a bankruptcy proceedingproceeding upon written request therefor by PRI, unless Rigel ACT elects to continue to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under clause (a) above, upon the rejection of this Agreement by or on behalf of RigelACT upon written request therefor by PRI. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS BRACKETED AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Licensor Bankruptcy. All rights and licenses granted under or pursuant to ------------------- this Agreement by Rigel Licensor to Xxxxxxx Licensee are, and shall otherwise be deemed to be, for purposes of Section 365(n) of Title 11, U.S. Code (the "United States Bankruptcy Code"), licenses of rights to "intellectual property" as defined under section 101(60Section 101(56) of the United States Bankruptcy Code. The Parties parties agree that XxxxxxxLicensee, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the United States Bankruptcy Code. Rigel agrees during the term of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, of all such intellectual property. The Parties parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against Rigel Licensor under the United States Bankruptcy Code, Xxxxxxx Licensee shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and the same, if not already in its possession, shall be promptly delivered to Xxxxxxx, Licensee upon written request therefor by Xxxxxxx, Licensee (a) upon any such commencement of a bankruptcy proceeding, unless Rigel Licensor elects to continue to perform all of its obligations under this Agreement, or (b) if not delivered under clause this Agreement, or if not delivered under (a) above, upon the rejection of this Agreement by or on behalf of RigelLicensor.