PAYMENTS, NOTICES AND OTHER. COMMUNICATIONS All notices or other communications that are required or permitted hereunder shall be in writing and delivered personally, sent by telecopier (and promptly confirmed by personal delivery, registered or certified mail or overnight courier as provided herein), sent by nationally-recognized overnight courier or sent by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: If to NovaDel to: NovaDel Pharma Inc. 25 Minneakoning Road Flemington, NJ 08822 Attentixx: Xxxxxxxxx 000.000.0000 (xxx) with a copy (not constituting notice) tx: Xx to Licensee to: Hana Biosciences 400 Oyster Point Boulevard Suite 215 South San Fraxxxxxx, Xxxxxxxxxx 00000 Xxxxxxxxx: Xxxxxxxxx 000.000.0000 (xxx) with a copy (not constituting notice) tx: xx xx xuch other address as the Party to whom notice is to be given may have furnished to the other Party in writing in accordance herewith. Any such communication shall be deemed to have been given (a) when delivered, if personally delivered or sent by telecopier on a business day, (b) on the business day after dispatch, if sent by nationally-recognized overnight courier, and (c) on the third business day following the date of mailing, if sent by mail. It is understood and agreed that this Article 14 is not intended to govern the day-to-day business communications necessary between the Parties in performing their duties, in due course, under the terms of this Agreement.
PAYMENTS, NOTICES AND OTHER. COMMUNICATIONS
17.1 All payments, notices, reports and/or other communications made in accordance with this Agreement, shall be deemed effectively given on the date of delivery if delivered by hand, three (3) days deposit in certified or registered mail, or the next business day if sent by a national overnight business courier service and addressed as follows: In the case of CMCC: Director, Technology Transfer Office of Research Administration Children’s Hospital 000 Xxxxxxxx Xxxxxx Xxxxxx, XX 00000 In the case of Licensee: President ICAgen, Inc. X.X. Xxx 00000 Xxxxxxxx Xxxxxxxx Xxxx XX 00000 or such other address as either party shall notify the other in writing.
PAYMENTS, NOTICES AND OTHER. COMMUNICATIONS
PAYMENTS, NOTICES AND OTHER. COMMUNICATIONS 16 - MISCELLANEOUS PROVISIONS
16.1 All disputes arising out of or related to this Agreement, or the performance, enforcement, breach or termination hereof, and any remedies relating thereto, shall be construed, governed, interpreted and applied in accordance with the laws of the State of Utah, U.S.A., except that questions affecting the construction and effect of any patent shall be determined by the law of the country in which the patent shall have been granted.
16.2 The parties hereto acknowledge that this Agreement sets forth the entire Agreement and understanding of the parties hereto as to the subject matter hereof, and shall not be subject to any change or modification except by the execution of a written instrument signed by the parties.
16.3 The provisions of this Agreement are severable, and in the event that any provisions of this Agreement shall be determined to be invalid or unenforceable under any controlling body of the law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
16.4 LICENSEE agrees to xxxx the LICENSED PRODUCTS sold in the United States with all applicable United States patent numbers. All LICENSED PRODUCTS shipped to or sold in other countries shall be marked in such a manner as to conform with the patent laws and practice of the country of manufacture or sale.
16.5 The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the other party. Any waiver must be in writing acknowledged by both parties.
PAYMENTS, NOTICES AND OTHER. COMMUNICATIONS Any payment, notice or other communication pursuant to this Agreement shall be sufficiently made or given on the date of the mailing if sent to such party by certified first class mail, postage prepaid, addressed to it at its address below or as it shall designate by written notice given to the other party: In the case of CMCC: Director, Technology Transfer Office Office of Research Administration THE CHILDREN'S HOSPITAL 300 Xxxxxxxx Xxxxxx Xxxxxx, XX 00000 Xx the case of LICENSEE:
PAYMENTS, NOTICES AND OTHER. Communications Any payment, notice, or other communication pursuant to this Agreement will be sufficiently made or given on the date of mailing if sent to such party by overnight courier (e.g. Federal Express) or certified first class mail, postage prepaid, addressed to it at its address below or as it will designate by written notice given to the other party at the address on the signature page of this Agreement.
PAYMENTS, NOTICES AND OTHER. COMMUNICATIONS All notices, reports and/or other communications made in accordance with this Agreement shall be sufficiently made or given if delivered by hand, delivered by facsimile (with mechanical confirmation of transmission), or sent by overnight receipted mail, postage prepaid, or by reasonable, customary and reliable commercial overnight carrier in general usage, and addressed as follows: In the case of CMCC: Chief Intellectual Property Officer Intellectual Property Office Children's Hospital Boston 000 Xxxxxxxx Xxxxxx Xxxxxx, XX 00000 Payments shall be transmitted by reliable means to the same addressee, payable to Children's Hospital Boston. Wire transfers for CMCC can be made directly to: Bank Name: Bank of America, 000 Xxxxxxx Xxxxxx, Xxxxxx, XX ABA#: 000000000 Account name: [**] Bank Account Number: [**] Attention: Xxxxx Xxxxxx (phone 000-000-0000) Reference: Intellectual Property Office In the case of Licensee: Chief Financial Officer Boston Life Sciences, Inc. 00 Xxxx Xxxxxx Xxxxxxxxx, XX 00000 or such other address as either party shall notify the other in writing. NOTICE SHALL BE EFFECTIVE UPON RECEIPT.
PAYMENTS, NOTICES AND OTHER. COMMUNICATIONS ARTICLE 11 – CONFIDENTIALITY
PAYMENTS, NOTICES AND OTHER. COMMUNICATIONS ---------------------------------------------------------
10.1 Any payment, notice or other communication required or permitted to be made or given to either party hereto pursuant to this Agreement shall be sufficiently made or given on the date of mailing of sent to such party by certified or registered mail, postage prepaid, addressed to it at its address set forth below, or to such other address as it shall designate by written notice given to the other party, as follows:
PAYMENTS, NOTICES AND OTHER. COMMUNICATIONS Any payments, notice or other communication pursuant to this Agreement shall be sufficiently made or given on the date of mailing if sent to such party by certified first class mail, return receipt requested, postage prepaid, addressed to it at its address below or as it shall designate by written notice given to the other party: Director Technology Licensing Office Massachusetts Institute of Technology 77 Mxxxxxxxxxxxx Xxxxxx, Xxxx X00-000 Xxxxxxxxx, Xxxxxxxxxxxxx 00000 In the case of LICENSEE: President Soligen Technologies, Inc. 19400 Xxxxxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxxxx 00000