Limitation on Representations or Warranties. Notwithstanding anything to the contrary herein, neither Party will be in breach of any representation or warranty made pursuant to this ARTICLE 7 to the extent that the Party alleged to have so breached can demonstrate that the Party alleging such breach had, on or prior to the Effective Date, actual knowledge of such breach of such representation or warranty.
Appears in 2 contracts
Samples: License and Distribution Agreement (Novadel Pharma Inc), License and Distribution Agreement (Novadel Pharma Inc)
Limitation on Representations or Warranties. Notwithstanding anything to the contrary herein, neither Party will be in breach of any representation or warranty made pursuant to this ARTICLE 7 Article 12 to the extent that the Party alleged to have so breached can demonstrate that the Party alleging such breach had, on or prior to the Effective Date, actual knowledge of such breach of such representation or warranty.
Appears in 2 contracts
Samples: Collaboration Agreement (New River Pharmaceuticals Inc), United States Collaboration Agreement (Shire Pharmaceuticals Group PLC)
Limitation on Representations or Warranties. Notwithstanding anything to the contrary herein, neither Party will be in breach of any representation or warranty made pursuant to this ARTICLE 7 Article 11 to the extent that the Party alleged to have so breached can demonstrate that the Party alleging such breach had, on or prior to the Effective Date, actual knowledge of such breach of such representation or warranty.
Appears in 2 contracts
Samples: Row Territory License Agreement (Shire Pharmaceuticals Group PLC), Row Territory License Agreement (New River Pharmaceuticals Inc)
Limitation on Representations or Warranties. Notwithstanding anything to the contrary herein, neither Party will be in breach of any representation or warranty made pursuant to this ARTICLE 7 Section 12 to the extent that the Party alleged to have so breached can demonstrate that the Party alleging such breach had, on or prior to the Effective Date, actual knowledge of such breach of such representation or warranty.
Appears in 1 contract
Samples: Collaboration Agreement (Shire Pharmaceuticals Group PLC)
Limitation on Representations or Warranties. Notwithstanding anything to the contrary herein, neither Party will be in breach of any representation or warranty made pursuant to this ARTICLE 7 Article 10 to the extent that the Party alleged to have so breached can demonstrate that the Party alleging such breach had, on or prior to the Effective Date, actual knowledge of such breach of such representation or warranty.
Appears in 1 contract
Samples: License and Commercialization Agreement (Redpoint Bio CORP)
