Common use of Schering's Rights Clause in Contracts

Schering's Rights. All rights, powers and remedies of Schering provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity (including, without limitation, the Insolvency Statute) in the event of the commencement of an Insolvency Statute case by or against Licensor. Schering, in addition to the rights, power and remedies expressly provided herein, shall be entitled to exercise all other such rights and powers and resort to all other such remedies as may now or hereafter exist at law or in equity (including, without limitation, the Insolvency Statute) in such event. The Parties agree that they intend the foregoing Schering rights to extend to the maximum extent permitted by law, including, without limitation, for purposes of the Insolvency Statute: (i) the right of access to any intellectual property (including all embodiments thereof) of Licensor, or any third party with whom Licensor contracts to perform an obligation of Licensor under this Agreement, and, in the case of the third party, which is necessary for the development, registration, manufacture and marketing of Licensed Compound and/or Licensed Product(s); and (ii) the right to contract directly with any third party described in (i) to complete the contracted work.

Appears in 3 contracts

Samples: Exclusive License Agreement (Atherogenics Inc), Exclusive License Agreement (Atherogenics Inc), Exclusive License Agreement (Atherogenics Inc)

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Schering's Rights. All rights, powers and remedies of Schering provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity (including, without limitation, the Insolvency Statute) in the event of the commencement of an Insolvency Statute case by or against LicensorSepracor. Schering, in addition to the rights, power and remedies expressly provided herein, shall be entitled to exercise all other such rights and powers and resort to all other such remedies as may now or hereafter exist at law or in equity (including, without limitation, the Insolvency Statute) in such event. The Parties parties agree that they intend the foregoing Schering rights to extend to the maximum extent permitted by law, including, without limitation, for purposes of the Insolvency Statute: (i) the right of access to any intellectual property (including all embodiments thereof) of LicensorSepracor, or any third party with whom Licensor Sepracor contracts to perform an obligation of Licensor Sepracor under this Agreement, and, in the case of the third party, which is necessary for the development, registration, manufacture and marketing of Licensed Compound and/or Licensed Product(s); and (ii) the right to contract directly with any third party described in (i) to complete the contracted work.

Appears in 1 contract

Samples: Exclusive License Agreement (Sepracor Inc /De/)

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