Performance and Exercise by Affiliates. Either Party shall have the right to have any of its obligations hereunder performed, or its rights hereunder exercised, by, any of its Affiliates and the performance of such obligations by any such Affiliate shall be deemed to be performance by such Party; provided, however, that each Party shall be responsible for ensuring the performance of its obligations under this Agreement and that any failure of any Affiliate performing obligations of such Party hereunder shall be deemed to be a failure by such Party to perform such obligations. For clarity, either Party may designate an Affiliate to perform any of its obligations hereunder or to exercise any of its rights hereunder.
Appears in 9 contracts
Samples: License Agreement, Technology License and Collaboration Agreement (Aridis Pharmaceuticals, Inc.), Technology License and Collaboration Agreement (Aridis Pharmaceuticals, Inc.)
Performance and Exercise by Affiliates. Either Party shall have the right to have any of its obligations hereunder performed, or its rights hereunder exercised, by, any of its Affiliates and the performance of such obligations by any such Affiliate shall be deemed to be performance by such Party; provided, however, that each Party shall be responsible for ensuring the performance of its obligations under this Agreement and that any failure of any Affiliate performing obligations of such Party hereunder shall be deemed to be a failure by such Party to perform such obligations. For clarity, either Party may designate an Affiliate to perform any of its obligations hereunder or to exercise any of its rights hereunder.such
Appears in 2 contracts
Samples: License Agreement (BeiGene, Ltd.), License Agreement (BeiGene, Ltd.)
Performance and Exercise by Affiliates. Either Each Party shall have the right to have any of its obligations hereunder performed, or its rights hereunder exercised, by, by any of its Affiliates and the performance of such obligations by any such Affiliate shall be deemed to be performance by such Party; provided, however, that each such Party shall be responsible for ensuring the performance of its obligations under this Agreement and that any failure of any Affiliate performing obligations of such Party hereunder shall be deemed to be a failure by such Party to perform such obligations. For clarity, either the foregoing means that each Party may designate an Affiliate to perform any of its obligations hereunder or to exercise any be the recipient of its rights the other Party’s performance obligations hereunder.
Appears in 2 contracts
Samples: License and Development Agreement (Cartesian Therapeutics, Inc.), License Agreement (PDS Biotechnology Corp)
Performance and Exercise by Affiliates. Either Each Party shall have the right to have any of its obligations hereunder performed, or its rights hereunder exercised, by, by any of its Affiliates and the performance of such obligations by any such Affiliate shall be deemed to be performance by such Party; provided, however, that each such Party shall be responsible for ensuring the performance of its obligations under this Agreement and that any failure of any Affiliate performing obligations of such Party hereunder shall be deemed to be a failure by such Party to perform such obligations. For clarity, either the foregoing means that each Party may designate or subcontract to an Affiliate to perform any of its obligations hereunder or to exercise any be the recipient of its rights the other Party’s performance obligations hereunder.
Appears in 2 contracts
Samples: Exclusive License Agreement (Scynexis Inc), Exclusive License Agreement (Arrowhead Pharmaceuticals, Inc.)
Performance and Exercise by Affiliates. Either Each Party shall have the right to have any of its obligations hereunder performed, or its rights hereunder exercised, by, by any of its Affiliates and the performance of such obligations by any such Affiliate shall be deemed to be performance performed by such Party; provided, however, that each such Party shall be responsible for ensuring the performance of its obligations under this Agreement and that any failure of any Affiliate performing obligations of such Party hereunder shall be deemed to be a failure by such Party to perform such obligations. For clarity, either the foregoing means that each Party may designate an Affiliate to perform any of its obligations hereunder or to exercise any be the recipient of its rights the other Party’s performance obligations hereunder.
Appears in 1 contract
Samples: Research Collaboration and License Agreement (C4 Therapeutics, Inc.)
Performance and Exercise by Affiliates. Either Each Party shall have the right to have any of its obligations hereunder performed, or its rights hereunder exercised, by, any of its Affiliates and the performance of such obligations by any such Affiliate shall be deemed to be performance by such Party; provided, however, that each Party shall be responsible for ensuring the performance of its obligations under this Agreement and that any failure of any Affiliate performing obligations of such Party hereunder shall be deemed to be a failure by such Party to perform such obligations. For clarity, either Party may designate an Affiliate to perform any of its obligations hereunder or to exercise any of its rights hereunder.
Appears in 1 contract
Samples: Collaboration and Commercial License Agreement (Mersana Therapeutics, Inc.)
