Common use of No Prejudice to Rights Clause in Contracts

No Prejudice to Rights. The termination of this Agreement shall be without prejudice to any rights and obligations of either party accrued prior to the effective date of such termination, unless explicitly otherwise agreed. BIOSANTE shall forthwith make all payments due and outstanding to PERMATEC at the date of termination. Except as explicitly otherwise stated in this Agreement or otherwise agreed in writing, PERMATEC shall not be obliged to refund upon termination of this Agreement to BIOSANTE any payments, including without limitation the milestone payments or royalties made by BIOSANTE to PERMATEC prior to such termination pursuant to the provisions of this Agreement.