No Right to Recoup Sample Clauses

No Right to Recoup. In the event Licensee or a Sublicensee directly or indirectly institutes or makes any Challenges, the Challenging party shall have no right to recoup, recover, set-off or otherwise get reimbursement of any royalties, milestone payments, patent costs or other monies paid hereunder to TSRI prior to or during the period of such Challenges. Licensee hereby voluntarily and irrevocably waives any right to seek return of such royalties, milestone payments, patent costs or other monies in the event Licensee or a Sublicensee directly or indirectly institutes or makes any Challenges.
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No Right to Recoup. In the event Licensee or a Sublicensee directly or indirectly institutes or makes any Challenges, Licensee shall have no right to recoup, recover, set-off or otherwise get reimbursement of any royalties, annual fees, Sublicense Payments, milestone payments, patent costs or other monies paid hereunder to TSRI prior to or during the period of such Challenges. Licensee hereby voluntarily and irrevocably waives any right to seek return of such royalties, annual fees, Sublicense Payments, milestone payments, patent costs or other monies in the event Licensee or a Sublicensee directly or indirectly institutes or makes any Challenges.
No Right to Recoup. In the event Toyama or a Sublicensee directly or indirectly institutes, makes or maintains any Challenge, Toyama shall have no right to recoup, recover, set-off or otherwise get reimbursement of any royalties, milestone payments, or other monies that are, in each case, paid hereunder to Cempra prior to or during the period of such Challenge, and Toyama hereby voluntarily and irrevocably waives any right to seek return of such royalties, milestone payments, or other monies paid by Toyama to Cempra in the event Toyama or a Sublicensee directly or indirectly institutes, makes or maintains any Challenge, provided that the foregoing shall not be construed to limit Toyama’s right to claim a refund or reimbursement of any overpayment to Cempra under this Agreement resulting solely from good faith accounting, reporting, or other errors that occurred through no fault of Cempra.
No Right to Recoup. In the event Licensee or a Sublicensee directly or indirectly institutes or makes any Challenges, Licensee shall have no right to recoup, recover, set-off or otherwise get reimbursement of any royalties, annual fees, Sublicense Payments, equity issuances to TSRI, milestone payments, patent costs or other monies paid hereunder to TSRI prior to or during the period of such Challenges. Licensee hereby voluntarily and irrevocably waives any right to seek return of such royalties, annual fees, Sublicense Payments, equity issuances, ***Confidential Treatment Requested milestone payments, patent costs or other monies in the event Licensee or a Sublicensee directly or indirectly institutes or makes any Challenges.
No Right to Recoup. In the event Licensee, an Affiliate, or a Sublicensee directly or indirectly institutes, makes or maintains any Challenge, Licensee shall have no right to recoup, recover, set-off or otherwise get reimbursement of any royalties, annual fees, Sublicense Payments, milestone payments, or other monies that are, in each case, paid hereunder to TSRI prior to or during the period of such Challenge, and Licensee hereby voluntarily and irrevocably waives any right to seek return of such royalties, annual fees, Sublicense Payments, milestone payments, or other monies paid by Licensee to TSRI in the event Licensee, an Affiliate or a Sublicensee directly or indirectly institutes, makes or maintains any Challenge, provided that the foregoing shall not be construed to limit Licensee’s right to claim a refund or reimbursement of any overpayment to TSRI under this Agreement resulting solely from good faith accounting, reporting, or other errors on the part of any Sublicensee that occurred through no fault of Licensee.
No Right to Recoup. In the event Licensee or a Sublicensee directly or indirectly institutes or makes any Challenges, neither Licensee nor any Sublicensee shall have any right to recoup, recover, set-off or otherwise get reimbursement of any royalties, annual fees, Sublicense Payments, equity issuances to USC, milestone payments, patent costs or other monies paid hereunder to USC prior to or during the period of such Challenges. Licensee hereby voluntarily and irrevocably waives any right to seek return of such royalties, annual fees, Sublicense Payments, equity issuances, milestone payments, patent costs or other monies in the event Licensee or a Sublicensee directly or indirectly institutes or makes any Challenges. Amended & Restated # 2024-0301 to Agreement #A09-216

Related to No Right to Recoup

  • Right to Recoupment If the Investment Manager has waived or reduced any investment advisory fees, or made any payments pursuant to Section 1.4 above, relating to any of the 36 months immediately preceding any month end calculation pursuant to Section 1.4 above, the Investment Manager shall be entitled to recoup from a Fund any such investment advisory fees waived or reduced and any such payments made (collectively, a “Recoupment Amount”), if (i) on the date of any calculation under Section 1.3, the aggregate Term to date Fund Operating Expenses for any class of a Fund are less than that day’s Pro-Rated Expense Cap for that class, and (ii) such Recoupment Amounts have not already been recouped. Any amounts recouped from a class of a Fund shall be recouped in accordance with the principles of the Fund’s Multiple Class Plan Pursuant to Rule 18f-3 under the 1940 Act. Amounts recouped shall be allocated to the oldest Recoupment Amounts during such 36-month period until fully recouped, and thereafter to the next oldest Recoupment Amounts, and so forth.

  • No Right To Holdover Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Lessee holds over, then the Base Rent shall be increased to one hundred fifty percent (150%) of the Base Rent applicable during the month immediately preceding the expiration or termination. Nothing contained herein shall be construed as consent by Lessor to any holding over by Lessee.

  • No Right to Set-Off The Company shall not be entitled to set off against amounts payable to the Executive hereunder any amounts earned by the Executive in other employment, or otherwise, after termination of his employment with the Company, or any amounts which might have been earned by the Executive in other employment had he sought such other employment.

  • Right to Re-enter In the event of any such default by Tenant, Landlord shall have the right, after terminating this Lease, to re-enter the Premises and remove all persons and property. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, and disposed of by Landlord in any manner permitted by law.

  • No Right to Withdraw Subject to Section 9.3 and Section 9.4, no Member will have any right to voluntarily resign or otherwise withdraw from the Company without the prior written consent of all remaining Members of the Company which consent may be given or withheld in their sole and absolute discretion.

  • No Obligation to Recognize Invalid Transfer The Company shall not be required (1) to transfer on its books any of the Shares which shall have been sold or transferred in violation of any of the provisions set forth in this Section 4, or (2) to treat as owner of such Shares or to pay dividends to any transferee to whom any such Shares shall have been so sold or transferred.

  • Right to Receive Advice (a) Advice of the Fund. If PFPC is in doubt as to any action it should or ------------------ should not take, PFPC may request directions or advice, including Oral Instructions or Written Instructions, from the Fund.

  • Right to Relet Should Tenant be in default as provided in Section 18.1 above and Landlord elects to reenter the Premises, as herein provided, or should it take possession of the Premises pursuant to legal proceedings or pursuant to any notice provided for by law, or should Tenant fail to cure a default (after expiration of the applicable notice period) it may either terminate this Lease or may, from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet the Premises or any part thereof for such term or terms (which may be for a term extending beyond the Lease Term) and at such rental or rentals and upon such other terms and conditions as Landlord, in its sole discretion may deem advisable. Upon each such reletting, all rentals, and other consideration, received by Landlord therefrom shall be applied: first, to any indebtedness other than Base Rent due hereunder from Tenant to Landlord; second, to pay any actual and reasonable costs and expenses of reletting, including Additional Rent, concessions, or abatements, actual and reasonable brokers' fees and attorneys' fees, and costs of such alterations and repairs (Tenant shall not be liable for any such cost or expense if caused by Landlord) provided that the cost of such alterations, for purposes of this section, shall not exceed the cost of restoring the Premises to so called "Vanilla Shell" condition (hereinafter defined); third, to the payment of Base Rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future Base Rent as the same may become due and payable hereunder. "

  • Right to Review After receiving written notice of the denial of a claim, a claimant or his representative shall be entitled to:

  • No Right to Impair No Noteholder has the right to impair the rights of another Noteholder or to seek or obtain priority or preference over another Noteholder or to enforce any right under this Indenture, except in the manner stated in this Indenture.

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