PRODUCTION AND MARKETING. 11.1 Notwithstanding Article 10.7, the Licensee shall not use any of the UBC Trade-marks or make reference to the University or its name in any advertising or publicity whatsoever, without the prior written consent of the University, except as required by law. Without limiting the generality of the foregoing, the Licensee shall not issue a press release with respect to this Agreement or any activity contemplated herein without the prior review and approval of same by the University, except as required by law. If the Licensee is required by law to act in contravention of this Article, the Licensee shall provide the University with sufficient advance notice in writing to permit the University to bring an application or other proceeding to contest the requirement.
11.2 The Licensee will not register or use any trade-marks in association with the Products without the prior written consent of the University.
11.3 The Licensee represents and warrants to the University that:
(a) it intends to building, develop and acquire the infrastructure, expertise and resources to develop and commercialize the Technology and any Improvements;
(b) it has or intends to have prior to the execution of sublicensing agreements, the infrastructure, expertise and resources to track and monitor on an ongoing basis performance under the terms of each sublicense agreement entered into by the Licensee;
(c) it has or intends to have the expertise and resources to monitor on a world wide basis patent infringement with respect to any patent relating to the Technology and any Improvements licensed hereunder; and
(d) it has or intends to have the expertise and resources to initiate and maintain an appropriate program limiting the distribution of the Information, Technology, and any Improvements and any related biological materials as set out in this Agreement and to obtain the appropriate non-disclosure agreements from all persons who may have access to the Technology, and any Improvements and related biological materials.
11.4 The Licensee shall use commercially reasonable efforts to develop and exploit the Technology and any Improvements and to promote, market and sell the Products and utilize the Technology and any Improvements and to meet or cause to be met the market demand for the Products and the utilization of the Technology and any Improvements. Without limiting the generality of the foregoing, the Licensee shall:
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11.5 If t...
PRODUCTION AND MARKETING. 10.1 That the Licensee shall not use any of the UBC Trade-marks or make reference to the University or its name in any advertising or publicity whatsoever, without the prior written consent of the University, except as required by law. Nothing herein shall prevent the Licensee from making or issuing factual statements to the public regarding its business, this Agreement or use of the Technology. Without limiting the generality of the foregoing, the Licensee shall not issue a press release with respect to this Agreement or any activity contemplated herein without the prior review and approval of same by the University, such approval not to be unreasonably withheld or delayed except as required by law. If the Licensee is required by law to act in contravention of this Article, the Licensee shall provide the University with sufficient advance notice in writing to permit the University to bring an application or other proceeding to contest the requirement.
10.2 That the Licensee shall use its reasonable efforts to develop, test, promote, market and sell the Products and utilize the Technology, and Improvements and to meet or cause to be met the market demand for the Products and the utilization of the Technology and Improvements. The Licensee shall not be in default of this paragraph 10.2 if it fails to develop, test, promote, market and sell any one Technology Application provided it has determined, acting reasonably, that there is no commercially viable market for such Technology Application.
10.3 In the event that the University is of the view that the Licensee is in breach of Article 10.2, the University shall notify the Licensee and provide the Licensee with a period of 90 days to remedy such breach. In the event the Licensee is of the opinion that it is not in breach of Article 10.2 or if the Licensee has not remedied such breach within the 90 day time period, then the parties hereto shall appoint a mutually acceptable person as an independent evaluator to conduct the evaluation set forth in Article 10.
PRODUCTION AND MARKETING. 10.1 Alnylam shall not use any of the UBC Trade-marks or make reference to the University or its name in any advertising or publicity whatsoever, without the prior written consent of the University, except as required by law.
10.2 Alnylam shall use its reasonable commercial efforts to promote, market and sell the Products and utilize the Technology and to meet or cause to be met the market demand for the Products and the utilization of the Technology.
10.3 Alnylam acknowledges that if the University is of the view that Inex is in breach of Article 10.2 of the University License Agreement, the University shall notify Inex and Inex and the University shall appoint a mutually acceptable person as an independent evaluator to conduct the evaluation set forth in Article 10 of the University License Agreement. Alnylam will have the right to participate in any such process, and agrees to cooperate reasonably with Inex, at Inex’s expense, in such process.
10.4 [Intentionally omitted]
10.5 [Intentionally omitted]
10.6 [Intentionally omitted]
10.7 [Intentionally omitted]
10.8 Alnylam agrees that it shall deliver to Inex an annual report, due on December 31 of each year during the term of this Agreement, which summarizes the major activities Alnylam has undertaken in the course of the preceding 12 months to develop and commercialize and/or market the Technology. The report will include an outline of the status of any Products in clinical trials and the existence of any sublicenses of the Technology.
PRODUCTION AND MARKETING. 10.1 The Licensee will not use any of the UBC Trade-marks or make reference to the University or its name in any advertising or publicity whatsoever, without the prior written consent of the University, such consent not to be unreasonably withheld, except as required by law. Without limiting the generality of the foregoing, the Licensee shall not issue a press release with respect to this Agreement or any activity contemplated herein without the prior review and approval of the same by the University, such approval not to be unreasonably withheld, except as required by law. If the Licensee is required by law to act in contravention of this paragraph, the Licensee shall provide the University with sufficient advance notice in writing to permit the University to bring an application or other proceeding to contest the requirement.
10.2 The Licensee will not register or use any trade-marks in association with the Products without the prior written consent of the University, such consent not to be unreasonably withheld.
10.3 The Licensee will pay the University an annual license maintenance fee of $1000.00 (Canadian) due on the first anniversary of the Date of Commencement and annually thereafter.
PRODUCTION AND MARKETING. 12.01 Petrovic will during the term of this Agreement generally assist Key Capital and use his own best efforts to facilitate the more efficient and economic use of the License by Key Capital and the manufacture, marketing, sale and distribution of Products.
12.02 Petrovic will during the term of this Agreement, if requested by Key Capital:
(a) provide plans and specifications for the Invention and comprehensive instructions sufficient to permit the manufacture, operation or application of the Products;
(b) provide ongoing consultation and advisory services in connection with the subject matter of this Agreement as may reasonably by requested from time to time, all at reasonable commercial rates.
PRODUCTION AND MARKETING. 13.01 Arcadia shall use its best efforts to promote, market, and sell the Products and utilize the Technology and to meet or cause to be met the world market demand for the Products and the utilization of the Technology, either directly or through its sublicensees.
13.02 Arcadia shall not use any of the University of Alberta Trade-marks or make reference to the University or its name in any advertising publicity whatsoever, without the prior written consent of the University.
13.03 In the event that the University is of the view that Arcadia is in breach of the covenant contained in this Article 13, the University shall notify Arcadia and the parties hereto shall appoint an independent evaluator (the “Evaluator”), mutually acceptable to both parties, to review the efforts made by Arcadia with respect to the promotion, marketing and sale of the Products and sublicensing of the Technology (the “Evaluation”).
13.04 In the event that the parties cannot agree on the Evaluator, the appointing authority shall be the Alberta International Commercial Arbitration Centre. Evaluations shall be limited to one (1) per calendar year.
13.05 If the Evaluator determines that Arcadia is in breach of the covenant contained in this Article 13, then the University shall have the right to terminate this Agreement as provided in Article 17 herein. If the Evaluator determines that Arcadia is not in breach of the covenant contained in this Article 13, then the University shall not terminate this Agreement for breach of this Article.
13.06 The cost of an evaluation hereunder shall be borne fifty percent (50%) by Arcadia and fifty percent (50%) by the University.
PRODUCTION AND MARKETING. 6.1 GENENTECH will not use the IMG AS CR Trade-marks or make reference to IMG AS CR or its name in any advertising or publicity, without the prior written consent of IMG AS CR, except as required by governmental law, rule, or regulation. IMG AS CR will not use the GENENTECH trademarks or make reference to GENENTECH or its name in any advertising or publicity, without the prior written consent of GENENTECH, except as required by governmental law, rule, or regulation. Notwithstanding the foregoing, GENENTECH may acknowledge IMG AS CR as the source of the Technology in any scientific publications.
6.2 GENENTECH represents and warrants to IMG AS CR that it has the infrastructure, expertise and resources to handle the Technology with care and without danger to GENENTECH, its employees, agents, or the public.
PRODUCTION AND MARKETING. 11.1 The Licensee (and all of its sublicensees) shall use reasonable commercial efforts to promote, market and sell the Products and utilize the Progranulin Technology and any Improvements, and to meet or cause to be met the market demand for the Products and the utilization of the Progranulin Technology in the Territory; the failure of which (as determined by Neurodyn) shall be deemed to be a substantial and material breach of this Agreement by the Licensee
PRODUCTION AND MARKETING. 11.1 Notwithstanding Article 10.7, the Licensee shall not use any of the UBC Trade-marks or make reference to the University or its name in any advertising or publicity whatsoever, without the prior written consent of the University, except as required by law. Without limiting the generality of the foregoing, the Licensee shall not issue a press release with respect to this Agreement or any activity contemplated herein without the prior review and approval of same by the University, except as required by law. If the Licensee is required by law to act in contravention of this Article, the Licensee shall provide the University with sufficient advance notice in writing to permit the University to bring an application or other proceeding to contest the requirement.
11.2 The Licensee will not register or use any trade-marks in association with the Products without the prior written consent of the University, such consent not to be unreasonably withheld.
11.3 The Licensee represents and warrants to the University that:
(a) it intends to build, develop and acquire the infrastructure, expertise and resources to develop and commercialize the Technology and any Improvements;
(b) it has or intends to have prior to the execution of sublicensing agreements, the infrastructure, expertise and resources to track and monitor on an ongoing basis performance under the terms of each sublicense agreement entered into by the Licensee;
(c) it has or intends to have the expertise and resources to monitor in Major Market Countries patent infringement with respect to any patent relating to the Technology and any Improvements licensed hereunder; and
(d) it has or intends to have the expertise and resources to initiate and maintain an appropriate program limiting the distribution of the Information, Technology, and any Improvements and any related biological materials as set out in this Agreement and to obtain the appropriate non-disclosure agreements from all persons who may have access to the Technology, and any Improvements and related biological materials.
11.4 The parties acknowledge that three separate technologies are included in the Technology licensed hereunder: (a) insulin growth factor binding protein – 2 (“BP2”); (b) insulin growth factor binding protein – 2 and insulin growth factor binding protein – 5 (“Bi-Specific”); and (c) Relaxin (“Relaxin”). All such technologies are at a very early stage of development, and it is too early to determine which invention will become ...
PRODUCTION AND MARKETING. 12.1 The Licensee shall use commercially reasonable efforts to promote, market and sell the Products and utilize the Technology and to meet or cause to be met the world market demand for the Products and the utilization of the Technology.
12.2 The University acknowledges that the Licensee may perform all or a part of its obligations under Section 12.1 itself or through a Sublicensee, provided that the Licensee shall at all times remain committed to the University for the performance of such obligations.
12.3 The Licensee shall not use any of the University of Alberta Trademarks or make reference to the University or its name in any advertising publicity whatsoever, without the prior written consent of the University.
