Common use of Performance by Affiliates, Sublicensees and Subcontractors Clause in Contracts

Performance by Affiliates, Sublicensees and Subcontractors. The Parties recognize that each may perform some or all of its obligations or exercise some or all of its rights under this Agreement through one or more Affiliates or subcontractors or, in the case of Santen, Sublicensees; provided, however, that each Party shall remain responsible for the performance by its Affiliates, subcontractors and Sublicensees and shall cause its Affiliates, subcontractors and Sublicensees to comply with the provisions of this Agreement in connection with such performance. In particular, if any Affiliate, subcontractor or Sublicensee participates in research, development, manufacturing or commercialization activities under this Agreement or with respect to Products, the restrictions of this Agreement which apply to the activities of such Party with respect to Products shall apply equally to the activities of such Affiliate, subcontractor or Sublicensee.

Performance by Affiliates, Sublicensees and Subcontractors. The Parties recognize that each may perform some or all of its obligations or exercise some or all of its rights under this Agreement through one or more Affiliates or subcontractors or, in the case of SantenSpectrum, Sublicensees; provided, however, that each Party shall remain responsible for the performance by its Affiliates, subcontractors and Sublicensees sublicensees and shall cause its Affiliates, subcontractors and Sublicensees sublicensees to comply with the provisions of this Agreement in connection with such performance. In particular, if any Affiliate, subcontractor or Sublicensee sublicensee participates in research, development, manufacturing or commercialization activities under this Agreement or with respect to Products, the restrictions of this Agreement which apply to the activities of such Party with respect to Products shall apply equally to the activities of such Affiliate, subcontractor or Sublicenseesublicensee.

Performance by Affiliates, Sublicensees and Subcontractors. The Parties parties recognize that each may perform some or all of its obligations or exercise some or all of its rights under this Agreement (to the extent expressly permitted hereby) through one or more Affiliates Affiliates, subcontractors or subcontractors or, in the case of Santen, Sublicensees; provided, however, that each Party party shall remain responsible for and be guarantor of the performance by its Affiliates, subcontractors and Sublicensees and shall cause its Affiliates, subcontractors and Sublicensees to comply with the provisions of this Agreement in connection with such performance. In particular, if any Affiliate, subcontractor or Sublicensee of a party participates in research, development, manufacturing development or commercialization activities under this Agreement or with respect to Products, the restrictions of this Agreement which apply to the activities of such Party party with respect to Products shall apply equally to the activities of such Affiliate, subcontractor or Sublicensee.

Performance by Affiliates, Sublicensees and Subcontractors. The Parties recognize that each may perform some or all of its obligations or exercise some or all of its rights under this Agreement (to the extent expressly permitted hereby) through one or more Affiliates Affiliates, subcontractors or subcontractors or, in the case of Santen, Sublicenseessublicensees; provided, however, that each Party shall remain responsible for and be guarantor of the performance by its Affiliates, subcontractors and Sublicensees sublicensees and shall cause its Affiliates, subcontractors and Sublicensees sublicensees to comply with the provisions of this Agreement in connection with such performance. In particular, if any Affiliate, subcontractor or Sublicensee sublicensee of a Party participates in research, development, manufacturing Development or commercialization Commercialization activities under this Agreement or with respect to Products, the restrictions of this Agreement which apply to the activities of such Party with respect to Products shall apply equally to the activities of such Affiliate, subcontractor or Sublicenseesublicensee.

Performance by Affiliates, Sublicensees and Subcontractors. The Parties parties recognize that each may perform some or all of its obligations or exercise some or all of its rights under this Agreement (to the extent expressly permitted hereby) through one or more Affiliates or subcontractors or, in the case of SantenMerck, SublicenseesRelated Parties; provided, however, that each Party party shall remain responsible for and be guarantor of the performance by its Affiliates, subcontractors and Sublicensees Related Parties and shall cause its Affiliates, subcontractors and Sublicensees Related Parties to comply with the provisions of this Agreement in connection with such performance. In particular, if any Affiliate, subcontractor or Sublicensee Related Party participates in research, development, manufacturing development or commercialization activities under this Agreement or with respect to Products, the restrictions of this Agreement which apply to the activities of such Party party with respect to Products shall apply equally to the activities of such Affiliate, subcontractor or SublicenseeRelated Party.