Common use of Performance by Sublicensees Clause in Contracts

Performance by Sublicensees. TESARO will be fully responsible for performance by each Sublicensee of its obligations under this Agreement. Each sublicense granted by TESARO pursuant to this Section 2.2 will contain terms and conditions consistent with those sections of this Agreement applicable to Sublicensees. Each sublicense agreement will contain the following provisions: (i) a requirement that any Sublicensee selling Licensed Product submit applicable sales or other reports to TESARO to the extent necessary or relevant to the reports required to be made or records required to be maintained under this Agreement; (ii) an audit requirement as to those Sublicensees selling Licensed Product consistent with that set forth in Section 4.15; and (iii) a requirement that such Sublicensee comply with the confidentiality provisions and restrictions on use of Confidential Information consistent with Article VI with respect to Confidential Information of OPKO. If TESARO becomes aware of a material breach by a Sublicensee of the rights granted to TESARO under Section 2.1, TESARO will promptly notify OPKO of the particulars of the same, and will use Commercially Reasonable Efforts to enforce the terms of such sublicense.

Performance by Sublicensees. TESARO will XBIO shall be fully responsible for performance by of each Sublicensee of its obligations under this Agreement. Each sublicense granted by TESARO XBIO pursuant to this Section 2.2 will contain terms and conditions consistent not inconsistent with those sections of this Agreement applicable to Sublicensees. Each sublicense agreement will contain the following provisions: (i) a requirement that any Sublicensee selling Licensed Product submit applicable sales or other reports to TESARO XBIO to the extent necessary or relevant to the reports required to be made or records required to be maintained under this Agreement; (ii) an audit requirement as to those Sublicensees selling Licensed Product consistent with that set forth in Section 4.154.3; and (iii) a requirement that such Sublicensee comply with the confidentiality provisions and restrictions on use of Confidential Information consistent with Article VI with respect to Confidential Information of OPKOCLS. If TESARO XBIO becomes aware of a material breach by a Sublicensee of the rights granted to TESARO XBIO under Section 2.1, TESARO XBIO will promptly notify OPKO CLS of the particulars of the same, and will use Commercially Reasonable Efforts to enforce the terms of such sublicense.

Performance by Sublicensees. TESARO will XBIO shall be fully responsible for performance by of each Sublicensee of its obligations under this Agreement. Each sublicense granted by TESARO XBIO pursuant to this Section 2.2 will contain terms and conditions consistent not inconsistent with those sections of this Agreement applicable to Sublicensees. Each sublicense agreement will contain the following provisions: (i) a requirement that any Sublicensee selling Licensed Product submit applicable sales or other reports to TESARO XBIO to the extent necessary or relevant to the reports required to be made or records required to be maintained under this Agreement; (ii) an audit requirement as to those Sublicensees selling Licensed Product consistent with that set forth in Section 4.154.3; and (iii) a requirement that such Sublicensee comply with the confidentiality provisions and restrictions on use of Confidential Information consistent with Article VI VII with respect to Confidential Information of OPKOCLS. If TESARO XBIO becomes aware of a material breach by a Sublicensee of the rights granted to TESARO XBIO under Section 2.1, TESARO XBIO will promptly notify OPKO CLS of the particulars of the same, and will use Commercially Reasonable Efforts to enforce the terms of such sublicense.