Common use of Rights and Duties Upon Termination Clause in Contracts

Rights and Duties Upon Termination. (a) Upon termination of this Agreement, Corixa shall have the right to retain any sums already paid by SB hereunder, and SB shall pay all sums accrued hereunder which are then due, which, in each case, shall include all payments under Paragraph 5 (a) except to the extent the Milestone Payment has not become due and payable pursuant to the terms of Paragraphs 5(a) and/or 17(g) and to the extent such payments may be considered and reviewed by the arbitrator(s) pursuant to Section 12 hereof. (b) Upon termination of this Agreement, SB shall notify Corixa of the amount of Product(s) SB and its subsidiaries and distributors then have on hand, the sale of which would, but for the termination, be subject to royalty, and SB and its sublicensees and distributors shall thereupon be permitted to sell that amount of Product(s), provided that SB shall pay the royalty thereon at the time herein provided for.

Rights and Duties Upon Termination. (a) Upon termination of this Agreement, Corixa shall have the right to retain any sums already paid by SB hereunder, and SB shall pay all sums accrued hereunder which are then duedue in accordance with the terms of this Agreement, which, in each case, shall include all applicable payments under Paragraph 5 (aSections 6 and 7 as may be modified pursuant to Subsection 17(c)(iii)(B) except to the extent the Milestone Payment has not become due and payable pursuant to the terms of Paragraphs 5(a) and/or 17(g) and to the extent such payments may be considered and reviewed by the arbitrator(s) pursuant to Section 12 hereof. (b) Upon termination of this Agreement, SB shall notify Corixa of the amount of Product(s) SB and its subsidiaries subsidiaries, sublicensees and distributors then have on hand, the sale of which would, but for the termination, be subject to royalty, and SB and its subsidiaries, sublicensees and distributors shall thereupon be permitted to sell that amount of Product(s), provided that SB shall pay the royalty thereon at the time herein provided for.