Nova Sample Clauses

Nova. (print) Title: Member -------------------------------- Address: c/o Highland Capital Partners Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Fax: (000) 000-0000 HIGHLAND ENTREPRENEURS' FUND III LIMITED PARTNERSHIP By: HEF III, LLC, its General Partner By: /s/ Xxxxxx X. Nova -----------------------------------

Nova. Factor represents and warrants that it has the authority to enter into this Agreement and that its execution of this Agreement and its performance of its obligations hereunder will not conflict with and is not prohibited by any other agreement to which Nova Factor is a party.

Nova. (print) Title: Member ------------------------------------------ Address: c/o Highland Capital Partners Xxx Xxxxxxxxxxxxx Xxxxx Xxxxxx, XX 00000 Fax: (000) 000-0000 SIGNATURE PAGE TO eTOYS INC. SECOND AMENDED AND RESTATED RIGHT OF FIRST REFUSAL AND CO-SALE AGREEMENT INVESTORS: HIGHLAND CAPITAL PARTNERS IV LIMITED PARTNERSHIP By: By: /s/ Xxxxxx X. Nova --------------------------------------------

Nova. Factor shall notify the designated contact in Biogen's Drug Safety and Medical Information Group (or such other person as Biogen may designate), by telephone, immediately (but in no event later than one (1) business day) after receipt of notice of an Adverse Event associated with the Product or after Nova Factor or any of its agents or employees becomes aware of an Adverse Event associated with the Product. Nova Factor shall confirm each notice of an Adverse Event by providing to Biogen within two (2) business days a written report in the format required for Adverse Events by the FDA, or, at Biogen's request, in the format provided by Biogen. All communications and reports regarding Adverse Events shall be sent to: Biogen, Inc., 00 Xxxxxxxxx Xxxxxx, Xxxxxxxxx, XX 00000, Attention: Director - Drug Safety and Medical Information Group, Fax No. (000) 000-0000, or to such other address as Biogen may from time to time designate.

Nova. Factor represents that it is currently eligible to participate as a provider in the Medicaid program in each state in the Territory except those states listed on SCHEDULE F and agrees to maintain such eligibility during the term of the Agreement. Nova Factor may amend SCHEDULE F in its sole discretion to add additional states and shall provide Biogen with prompt notice of any such amendment, provided that Nova Factor shall not add any state to SCHEDULE F unless the state has changed its laws to require an in-state pharmacy presence for eligibility in its Medicaid program. Nova Factor shall remove a state from SCHEDULE F (and shall provide notice to Biogen of such removal) when the state no longer requires an in-state pharmacy presence for eligibility in the state's * Omitted information is the subject of a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933 and has been filed separately with the Securities Exchange Commission. Medicaid program.

Nova. Factor shall carefully examine Products upon delivery and shall notify Biogen within one (1) business day of any nondelivery of a portion of a shipment or any defect in any Product which is reasonably discoverable upon visual inspection of the Product without unloading individual shipping units. Along with notice of any defect, Nova Factor shall furnish to Biogen a detailed description of the nature of the defect. Upon receipt of notice of any defect or nondelivery, Biogen, at its option, shall replace or repair any defective Product or issue Nova Factor a credit in the amount of the purchase price paid for any defective Product or replace or issue Nova Factor a credit in the amount of purchase price paid for any undelivered Product. Except as set forth in Section 16, the preceding sentence sets forth Biogen's sole liability with respect to Product defects reasonably discoverable upon visual inspection of the Product without unloading individual shipping units or with respect to Product that is not in accordance with Nova Factor's order and Section 9.1 sets forth Biogen's sole liability with respect to other Product defects and Biogen shall not be otherwise liable to Nova Factor. In the absence of written notice from Nova Factor to Biogen in accordance with the terms of this Section 3.4, a shipment of Products shall be deemed to have been delivered and accepted by Nova * Omitted information is the subject of a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933 and has been filed separately with the Securities Exchange Commission. Factor as complete and in satisfactory condition. Nova Factor shall, at Biogen's request and expense, follow Biogen's instructions to return to Biogen or Biogen's third party disposal company any Products delivered to Nova Factor which are not in compliance with the Specifications. Nova Factor shall cooperate with Biogen in investigating the cause of any defect in Product.

Nova. Factor covenants that it shall not make any performance claims or engage in any promotional activities with respect to Product except for the distribution of Product literature prepared by Centocor and any other activities expressly approved by Centocor.

Nova. Factor shall use its best efforts to resolve reimbursement issues of customers who would like to purchase Product from Nova Factor. If Biogen has engaged

Nova. Factor shall not make any performance claims or engage in any promotional activities with respect to Product except for the distribution of Product literature prepared by Biogen and any other activities expressly approved by Biogen.

Nova. Factor shall provide to the FDA or, at Biogen's request, shall provide to Biogen all documents and information requested by the FDA or by Biogen in support of its regulatory filings. Copies of all documents to be provided to the FDA shall be provided to Biogen in advance, if practicable, or otherwise within two (2) business days of delivery to the FDA. Nova Factor shall notify Biogen immediately upon receipt of notice of any inspection by the FDA directed specifically toward Product, and Biogen shall have the right to have an employee present at any such inspection, if allowed by law. Nova Factor shall notify Biogen immediately of any notices, requests for information or other communications related to Product from the U.S. Department of Health and Human Services or any other government agency or any state healthcare program or other state agency and, to the extent permitted under applicable law, shall give Biogen copies of such communications.