Common use of Performance by Others Clause in Contracts

Performance by Others. The Parties recognize that each Party may perform some or all of its obligations under this Agreement through Affiliates and permitted subcontractors provided, however, that each Party will remain responsible and liable for the performance by its Affiliates and permitted subcontractors and will cause its Affiliates and permitted subcontractors to comply with the provisions of this Agreement in connection therewith.

Appears in 8 contracts

Samples: License Agreement (2seventy Bio, Inc.), License Agreement (iBio, Inc.), License Agreement (Bluebird Bio, Inc.)

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Performance by Others. The Parties recognize that each Party may perform some or all of its obligations under this License Agreement through Affiliates and permitted subcontractors provided, however, that each Party will remain responsible and liable for the performance by its Affiliates and permitted subcontractors and will cause its Affiliates and permitted subcontractors to comply with the provisions of this License Agreement in connection therewith.

Appears in 7 contracts

Samples: License Agreement (BioNTech SE), License Agreement (2seventy Bio, Inc.), License Agreement (Bluebird Bio, Inc.)

Performance by Others. The Parties recognize that each Party may perform some or all of its obligations or exercise some or all of its rights under this Agreement through Affiliates and permitted subcontractors subcontractors; provided, however, that each Party will remain responsible and liable for the performance by its Affiliates and permitted subcontractors and will cause its Affiliates and permitted subcontractors to comply with the provisions of this Agreement in connection therewith.

Appears in 6 contracts

Samples: Research, Option and License Agreement (BIND Therapeutics, Inc), License Agreement (BIND Therapeutics, Inc), License Agreement (BIND Therapeutics, Inc)

Performance by Others. The Subject to Sections 2.10 (in the case of subcontractors) and 7.1(b), the Parties recognize that each Party may perform some or all of its obligations under this Agreement through Affiliates and permitted subcontractors subcontractors; provided, however, that each Party will remain responsible and liable for the performance by its Affiliates and permitted subcontractors and will cause its Affiliates and permitted subcontractors to comply with the provisions of this Agreement in connection therewith.

Appears in 3 contracts

Samples: Services and Collaboration, Services and Collaboration Agreement (Moderna, Inc.), Services and Collaboration Agreement (Moderna, Inc.)

Performance by Others. The Parties recognize that each Party may perform some or all of its obligations under this Agreement through Affiliates and Affiliates, permitted subcontractors or other permitted Third Parties, provided, however, that each Party will remain fully responsible and liable for the performance by its Affiliates and and/or permitted subcontractors and Third Parties and will cause its Affiliates and Affiliates, permitted subcontractors or other permitted Third Parties to comply with the provisions of this Agreement in connection therewith.

Appears in 2 contracts

Samples: Development and Option Agreement (CureVac B.V.), Development and Option Agreement (Arcturus Therapeutics Ltd.)

Performance by Others. The Parties recognize that each Party may perform some or all of its obligations under this License Agreement through Affiliates and permitted Affiliates, subcontractors or - in the event of CureVac - Sublicensees, provided, however, that each Party will remain fully responsible and liable for the performance by its Affiliates Affiliates, subcontractors and permitted subcontractors Sublicensees, and will cause its Affiliates Affiliates, subcontractors and permitted subcontractors Sublicensees to comply with the provisions of this License Agreement in connection therewith.

Appears in 2 contracts

Samples: Development and Option Agreement (CureVac B.V.), Development and Option Agreement (Arcturus Therapeutics Ltd.)

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Performance by Others. The Parties recognize that each Party may perform some or all of its obligations under this Agreement through Affiliates and Affiliates, and/or permitted subcontractors in accordance with Section 3.1(i); provided, however, that each Party will remain responsible and liable for the performance by its Affiliates and and/or permitted subcontractors and will cause its Affiliates and permitted subcontractors to comply with the provisions of this Agreement in connection therewith.

Appears in 2 contracts

Samples: Development and Option Agreement (Verve Therapeutics, Inc.), Development and Option Agreement (Verve Therapeutics, Inc.)

Performance by Others. The Parties recognize that each Party may perform some or all of its obligations under this Agreement through Affiliates and permitted subcontractors Affiliates, and/or Permitted Subcontractors in accordance with Section 3.1(i), as well as Collaboration Partners in accordance with Section 3.1(h); provided, however, that each Party will remain responsible and liable for the performance by its Affiliates and permitted subcontractors and/or Permitted Subcontractors and/or Collaboration Partners and will cause its Affiliates and permitted subcontractors Permitted Subcontractors and Collaboration Partners to comply with the provisions of this Agreement in connection therewith.

Appears in 1 contract

Samples: Development and Option Agreement (Environmental Impact Acquisition Corp)

Performance by Others. The Parties recognize that each Party may perform some or all of its obligations under this License Agreement through Affiliates and permitted subcontractors provided, however, that each Party will remain responsible and liable for the performance by its Affiliates and permitted subcontractors and will cause its Affiliates and permitted subcontractors to comply with the provisions of this Agreement in connection therewith.and

Appears in 1 contract

Samples: Non Exclusive License Agreement (BioNTech SE)

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