Common use of Product-by-Product Termination Clause in Contracts

Product-by-Product Termination. If the uncured material breach pertains to less than all of the Product(s), then termination under this Section 11.3 shall apply only with respect to such Product(s), and the non-breaching Party shall not have the right to terminate this Agreement in its entirety or with respect to the other Product(s) not affected by such breach. Without limiting the generality of the foregoing, the Parties’ rights and obligations hereunder with respect to the Pegaspargase Product shall not be affected by termination of this Agreement with respect to one or both HemOnc Products, and the Parties’ rights and obligations hereunder to the HemOnc Products shall not be affected by termination of this Agreement with respect to the Pegaspargase Product.

Appears in 4 contracts

Samples: License and Option Agreement, License and Option Agreement (Pfenex Inc.), License and Option Agreement (Pfenex Inc.)

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