Common use of Limits on JSC Authority Clause in Contracts

Limits on JSC Authority. Notwithstanding any provision of this Section 4.3 to the contrary, (i) each Party will retain the rights, powers and discretion granted to it under this Agreement and no such rights, powers, or discretion will be delegated to or vested in the JSC unless such delegation or vesting of rights is expressly provided for in this Agreement or the Parties expressly so agree in writing, (ii) the JSC will not have the power to amend this Agreement or terminate or otherwise modify or waive compliance with this Agreement in any manner and (iii) neither Party will require the other Party to (A) breach any obligation or agreement that such other Party may have with or to a Third Party or (B) during the Collaboration Period, perform any activities that are materially different or greater in scope or more costly than those provided for in the Product Development Plan, as applicable, then in effect.

Appears in 3 contracts

Samples: License Agreement, License Agreement (Spark Therapeutics, Inc.), License Agreement (Spark Therapeutics, Inc.)

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Limits on JSC Authority. Notwithstanding any provision of this Section 4.3 to the contrary, (i) each Party will retain the rights, powers and discretion granted to it under this Agreement and no such rights, powers, or discretion will be delegated to or vested in the JSC unless such delegation or vesting of rights is expressly provided for in this Agreement or the Parties expressly so agree in writing, (ii) the JSC will not have the power to amend this Agreement or terminate or otherwise modify or waive compliance with this Agreement in any manner and (iii) neither Party will require the other Party to (A) breach any obligation or agreement that such other Party may have with or to a Third Party to the extent such obligation or agreement existed prior to the Execution Date or (B) during the Collaboration Period, perform any activities that are materially different or greater in scope or more costly than those provided for in the Product Development Plan, as applicable, Research Plan then in effect.

Appears in 2 contracts

Samples: Research Collaboration and License Agreement (BioNTech SE), Research Collaboration and License Agreement (BioNTech SE)

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Limits on JSC Authority. Notwithstanding any provision of this Section 4.3 2.1 to the contrary, (i) each Party will retain the rights, powers and discretion granted to it under this Agreement consistent with Section 3.2(a), and no such rights, powers, or discretion will be delegated to or vested in the JSC unless such delegation or vesting of rights is expressly provided for in this Agreement or the Parties expressly so agree in writing, (ii) the JSC will not have the power to amend this Agreement or terminate or otherwise modify or waive compliance with this Agreement in any manner and (iii) neither Party will require the other Party to (A) breach any obligation or agreement that such other Party may have with or to a Third Party or (B) during the Collaboration Period, perform any activities that are materially different or different, greater in scope or more costly than those provided for in the Product Development Plan, as applicable, Annual Marketing Plan then in effect.

Appears in 1 contract

Samples: Promotion Agreement (Exact Sciences Corp)

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