Reference Rights Sample Clauses

Reference Rights. Cara (and its Affiliates and Sub-Licensees) shall have (i) the right of reference to the Enteris DMF and the information therein, and (ii) the right to reference the information contained in the Enteris DMF in all of Cara’s (and its Affiliates and Sub-Licensees) Regulatory Filings in jurisdictions where the Enteris DMF is not recognized, in each case solely for the purpose of exercising, using and practicing the licenses and other rights granted to Cara pursuant to this Agreement, provided that Cara shall bear any expenses (including expenses of Enteris) in respect of exercising any such right of reference.
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Reference Rights. (a) Subject to Section 4.03(f), each Party hereby grants to the other Party (and their respective sublicensees or designees) a right of reference to Regulatory Filings owned or controlled by such Party as reasonably necessary to support the other Party’s Regulatory Filings made for the following purposes: (1) for MYLAN to Develop, manufacture and Commercialize Licensed Products in the Field in the Territory in accordance with this Agreement, including conducting any bridge programs to support a change in manufacturer and (2) for THERAVANCE to (w) Develop Licensed Products in the Field in the Territory in accordance with this Agreement, (x) file the initial NDA to Commercialize the first Licensed Products in the Field in the U.S. in accordance with this Agreement, (y) Commercialize Licensed Product in the Field in the U.S. under the Co-Promotion Agreement, and (z) Develop, manufacture and Commercialize Licensed ***CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. Products (i) in the Field in China and the Reverted Countries and (ii) outside of the Field worldwide. Such rights of reference may include: i. the right for MYLAN to reference any and all drug master files (DMFs) referenced in the NDA for the Licensed Product in the Field in the Territory that is filed by THERAVANCE. THERAVANCE will enable right of reference to any and all such DMFs held by its contract manufacturer(s) which are relevant to Licensed Product to the extent that MYLAN elects to continue using such manufacturer for the Development or Commercialization of the Licensed Products in the Field in the Territory or as necessary to bridge to a new manufacturer. Such rights shall apply to DMFs relevant to API Compound and formulated Licensed Product, together with all updates to each of the foregoing; and ii. the right to reference any and all trial master files (TMFs) that are relevant to Licensed Products held by each Party or any of its contract research organization(s), together with all updates to each of the foregoing. (b) For clarity, the rights of reference set forth in Section 7.03(a)(2)(z) shall be subject to THERVANCE’s reimbursement obligations under Section 4.03(f)(ii), and all rights of reference set forth in Section 7.03(a)(2) shall be subject to the limitations set forth in Section 4.03(f)(iii). (c) Each Party granting a right of reference pursuant to this Section 7.03 s...
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Reference Rights. Each Party shall have the right, free of ---------------- charge, to refer to, access, cross reference, and use in their respective territories (i) information and Data provided by the other Party pursuant to Section 3.2.2 and generated by the other Party in the development and clinical testing of the Compound and the Product, and (ii) documents relating to the Product and the Finished Product filed by the other Party, its Affiliates or its Sublicensees with regulatory entities in their respective territories with respect to activities conducted in connection with development, approval and sale of the Product and the Finished Product, including, without limitation, the clinical studies and other supporting information, and any written communications to and with the FDA (or counterpart agency), provided that any out-of-pocket expenses incurred by the providing Party related to the provision of copies of such information, Data or documents required to the accessing Party shall be borne by the accessing Party. It is understood and agreed by the Parties that CTIT shall have the right, free of charge, to refer to, access, cross reference and use any such documents and information and Data prepared and/or filed by Chugai, its Affiliates, or its Sublicensees with respect to the Compound, the Product and/or the Finished Product. It is understood and agreed by the Parties that Chugai shall have the right, free of charge, to refer to, access, cross reference and use any such documents and information and Data prepared and/or filed by CTIT in any country outside of the Territory with respect to the Compound and/or the Product, and to receive a written right of reference for filing with regulatory authorities, to obtain regulatory approval of the Finished Product in the Territory.
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Reference Rights. Customer agrees to serve as a reference that will, upon Xxxx's reasonable request, (i) provide comments related to this Agreement for distribution to third parties, and (ii) participate in Product related case studies. Snow shall have the right to issue a press release or other public statement concerning this Agreement and the relationship of the parties. Customer grants Snow the right to use Customer’s name and logo in Snow’s marketing communications and materials, subject to Customer’s published trademark guidelines and policies.
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Reference Rights. Each Party (the “Sponsoring Party”) hereby grants the other Party (the “Referencing Party”) a right of reference to all data and information contained or referenced in those sections of Regulatory Filings for the Sponsoring Party’s (and in the case of Schering, its Affiliates’) Products in the Territory (Licensed Products in the case of Schering, and Prescription Products bearing the Santarus Marks in the case of Santarus) that would be reasonably necessary for the Referencing Party’s Regulatory Filings concerning Licensed Products for Licensed Indications in the Field in the Territory (in the case of Schering as the Referencing Party) or Prescription Products bearing the Santarus Marks in the Territory (in the case of Santarus as the Referencing Party). The Sponsoring Party shall provide the applicable Regulatory Authority a letter confirming this right of reference at any time within fifteen (15) days of the Referencing Party’s request and shall take such other actions and execute such other documents as the Referencing Party may reasonably request to further confirm and give effect to this right of reference. Additionally, the Sponsoring Party agrees that the Referencing Party shall have the right, subject to JSC approval, to add to the Sponsoring Party’s applicable Regulatory Filing in the Territory protocols for clinical trials that may be required for Marketing Approval of (a) a Licensed Product for Licensed Indications in the Field by a Regulatory Authority in the Territory, in the case of Schering as the Referencing Party or (ii) a Prescription Product in the Territory, in the case of Santarus as the Referencing Party.
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Reference Rights. Each party shall have the right, free of charge, to use any information and data provided by the other Party pursuant to Section 6.3, including, without limitation, data and information generated by the other Party or Party's Affiliates in the development and clinical testing of the Product as follows in this Section 6.
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Reference Rights. Following the Closing and in perpetuity the Purchaser shall permit the Seller to reference (and upon request shall so advise the FDA or other applicable regulatory authority), and upon Seller's request shall accord Seller access to, and copies of, all data contained in the Purchaser's Regulatory Approvals for the Royalty Bearing Products (as defined in the License Agreement) to the extent necessary to permit Seller to market and distribute the Royalty Bearing Products outside the Territory and to obtain and maintain Regulatory Approvals to market and distribute the Royalty Bearing Products outside the Territory. Purchaser shall promptly advise Seller of any changes made in any Royalty Bearing Product Regulatory Approval that could reasonably be expected to have an impact on such Regulatory Approvals of Seller outside the Territory.
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Reference Rights. BSC and the Company shall each have reference rights to the other Party’s DMF filed at the FDA with respect to Products and Injection Catheters.
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Reference Rights. 4.1 The Supplier has the right to use the Customer’s name and logo for reference purposes unless otherwise agreed in writing.
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Related to Reference Rights

  • Relative Rights 69 Section 12.08. Subordination May Not Be Impaired by Company...............69 Section 12.09. Rights of Trustee and Paying Agent.........................69 Section 12.10. Distribution or Notice to Representative...................69 Section 12.11. Article XII Not to Prevent Defaults or Limit Right to Accelerate.................................................69 Section 12.12. Trust Moneys Not Subordinated..............................70 Section 12.13. Trustee Entitled to Rely...................................70 Section 12.14.

  • Cumulative Rights All agreements, warranties, guaranties, indemnities and other undertakings of Obligors under the Loan Documents are cumulative and not in derogation of each other. The rights and remedies of Agent and Lenders under the Loan Documents are cumulative, may be exercised at any time and from time to time, concurrently or in any order, and are not exclusive of any other rights or remedies available by agreement, by law, at equity or otherwise. All such rights and remedies shall continue in full force and effect until Full Payment of all Obligations.

  • Waiver; Cumulative Rights The failure or delay of either party to require performance by the other party of any provision hereof shall not affect its right to require performance of such provision unless and until such performance has been waived in writing. Each and every right hereunder is cumulative and may be exercised in part or in whole from time to time.

  • Cumulative Rights and No Waiver Each and every right granted to Bank under any Loan Document, or allowed it by law or equity shall be cumulative of each other and may be exercised in addition to any and all other rights of Bank, and no delay in exercising any right shall operate as a waiver thereof, nor shall any single or partial exercise by Bank of any right preclude any other or future exercise thereof or the exercise of any other right. Borrower expressly waives any presentment, demand, protest or other notice of any kind, including but not limited to notice of intent to accelerate and notice of acceleration. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or future notice or demand in similar or other circumstances.

  • Cumulative Rights; No Waiver Duties and obligations imposed by this Agreement and rights and obligations hereunder are in addition to and not in lieu of any imposed by or available at law or in equity. No action or failure to act by District shall be deemed a waiver of any right or remedy afforded hereunder or acquiesce or approval of any breach or default of the Consultant.

  • No Waiver; Cumulative Rights No failure on the part of the Guaranteed Party to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by the Guaranteed Party of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power hereunder. Each and every right, remedy and power hereby granted to the Guaranteed Party or allowed it by Law shall be cumulative and not exclusive of any other, and may be exercised by the Guaranteed Party at any time or from time to time. The Guaranteed Party shall not have any obligation to proceed at any time or in any manner against, or exhaust any or all of the Guaranteed Party’s rights against, Parent or any other person (including any Other Guarantor) liable for any of the Obligations prior to proceeding against the Guarantor hereunder, and the failure by the Guaranteed Party to pursue rights or remedies against Parent or Merger Sub (or any Other Guarantor) shall not relieve the Guarantor of any liability hereunder, and shall not impair or affect the rights and remedies, whether express, implied or available as a matter of Law, of the Guaranteed Party.

  • Relative Rights and Preferences Unless the establishing resolution or any other resolution adopted pursuant to Section 2.3 otherwise provides, Shares of each Portfolio or Class thereof established hereunder shall have the following relative rights and preferences: (a) Except as set forth in paragraph (e) of this Section 2.5, each Share of a Portfolio, regardless of Class, shall represent an equal pro rata interest in the assets belonging to such Portfolio and shall have identical voting, dividend, liquidation and other rights, preferences, powers, restrictions, limitations, qualifications and designations and terms and conditions with each other Share of such Portfolio. (b) Shareholders shall have no preemptive or other right to subscribe to any additional Shares or other securities issued by the Trust or the Trustees, whether of the same or other Portfolio (or Class). (c) All consideration received by the Trust for the issue or sale of Shares of a particular Portfolio, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including any proceeds derived from the sale, exchange, or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held and accounted for separately from the other assets of the Trust and of every other Portfolio and may be referred to herein as "assets belonging to" that Portfolio. The assets belonging to a particular Portfolio shall belong to that Portfolio for all purposes, and to no other Portfolio, subject only to the rights of creditors of that Portfolio. In addition, any assets, income, earnings, profits or funds, or payments and proceeds with respect thereto, which are not readily identifiable as belonging to any particular Portfolio shall be allocated by the Trustees between and among one or more of the Portfolios in such manner as the Trustees, in their sole discretion, deem fair and equitable. Each such allocation shall be conclusive and binding upon the Shareholders of all Portfolios thereof for all purposes, and such assets, income, earnings, profits, or funds, or payments and proceeds with respect thereto shall be assets belonging to that Portfolio. (d) Each Class of a Portfolio shall have a proportionate undivided interest (as determined by or at the direction of, or pursuant to authority granted by, the Trustees, consistent with industry practice) ("Proportionate Interest") in the net assets belonging to that Portfolio. References herein to assets, expenses, charges, costs, and reserves "allocable" or "allocated" to a particular Class of a Portfolio shall mean the aggregate amount of such item(s) of the Portfolio multiplied by the Class's Proportionate Interest. (e) A particular Portfolio shall be charged with the liabilities of that Portfolio, and all expenses, costs, charges and reserves attributable to any particular Portfolio shall be borne by such Portfolio; provided that the Trustees may, in their sole discretion, allocate or authorize the allocation of particular expenses, costs, charges, and/or reserves of a Portfolio to fewer than all the Classes thereof. Class Expenses shall, in all cases, be allocated to the Class for which such Class Expenses were incurred. Any general liabilities, expenses, costs, charges or reserves of the Trust (or any Portfolio) that are not readily identifiable as chargeable to or bearable by any particular Portfolio (or any particular Class) shall be allocated and charged by the Trustees between or among any one or more of the Portfolios (or Classes) in such manner as the Trustees in their sole discretion deem fair and equitable. Each such allocation shall be conclusive and binding upon the Shareholders of all Portfolios (or Classes) for all purposes. Without limitation of the foregoing provisions of this Section 2.5(e), (i) the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Portfolio shall be enforceable against the assets of such Portfolio only, and not against the assets of the Trust generally or assets belonging to any other Portfolio, and (ii) none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally that have not been allocated to a specified Portfolio, or with respect to any other Portfolio, shall be enforceable against the assets of such specified Portfolio. Notice of this contractual limitation on inter-Portfolio liabilities is set forth in the Trust's Certificate of Trust described in Section 1.4, and, accordingly, the statutory provisions of Section 3804 of the Delaware Act relating to limitations on inter-Portfolio liabilities (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) are applicable to the Trust and each Portfolio. (f) Except as provided for in Section 2.10, shares redeemed or repurchased by a Portfolio or the Trust shall be deemed to be canceled. (g) The Trust may issue Shares in fractional denominations of 1/1000th of a Share or integral multiples thereof to the same extent as its whole Shares, and Shares in fractional denominations shall be Shares having proportionately to the respective fractions represented thereby all the rights of whole Shares of the same Portfolio (or Class), including without limitation, the right to vote, the right to receive dividends and distributions and the right to participate upon termination of the Trust or any Portfolio, but excluding the right to receive a certificate representing fractional Shares. All references to Shares in this Agreement shall be deemed to be shares of any or all Portfolios, or Classes thereof, as the context may require. All provisions herein relating to the Trust shall apply equally to each Portfolio of the Trust, and each Class thereof, except as the context otherwise requires.

  • Cumulative Rights, etc The rights, powers and remedies of Secured Party under this Agreement shall be in addition to all rights, powers and remedies given to Secured Party by virtue of any applicable law, rule or regulation of any governmental authority, or the Note, all of which rights, powers, and remedies shall be cumulative and may be exercised successively or concurrently without impairing Secured Party’s rights hereunder. Debtor waives any right to require Secured Party to proceed against any person or entity or to exhaust any Collateral or to pursue any remedy in Secured Party’s power.

  • Cumulative Rights and Remedies The rights and remedies provided in this Agreement and all other rights and remedies available to either Party at law or in equity are, to the extent permitted by law, cumulative and not exclusive of any other right or remedy now or hereafter available at law or in equity. Neither asserting a right nor employing a remedy shall preclude the concurrent assertion of any other right or employment of any other remedy, nor shall the failure to assert any right or remedy constitute a waiver of that right or remedy.

  • Provisions Define Relative Rights This Agreement is intended solely for the purpose of defining the relative rights of the Issuer on the one hand and the Subordinated Lenders and the Subordinated Borrowers on the other, and no other Person shall have any right, benefit or other interest under this Agreement.

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