Common use of Survival; Accrued Rights Clause in Contracts

Survival; Accrued Rights. The following articles and sections of this Agreement shall survive expiration or early termination for any reason: ARTICLE I (Definitions), ARTICLE VII (Payments) (solely to the extent any payments became payable prior to the effective date of such expiration or termination), Section 8.01 (Ownership of Intellectual Property), Section 8.02 (Prosecution of Patent Rights), Section 8.03 (Enforcement), Section 8.04 (Defense of Third Party Infringement and Misappropriation Claims), Section 8.06 (Trademark Enforcement and Defense), Section 10.05 (Disclaimer), Section 10.06 (Limitation of Liability), ARTICLE XI (Confidentiality), Section 12.01 (Indemnification by Sol-Gel), Section 12.02 (Indemnification by Galderma), Section 12.03 (Procedure), Section 12.04 (Insurance), Section 13.07 (Effect of Termination), Section 13.08 (Survival; Accrued Rights), Section 14.03 (Choice of Law), Section 14.04 (Language), and ARTICLE XVI (Miscellaneous). In any event, expiration or termination of this Agreement shall not relieve either Party of any liability which accrued hereunder prior to the effective date of such expiration or termination, nor preclude either Party from pursuing all rights and remedies it may have hereunder or at Law or in equity with respect to any breach of this Agreement occurring prior to such expiration or termination.

Survival; Accrued Rights. The following articles and sections of this Agreement shall survive expiration or early termination for any reason: ARTICLE Article I (Definitions), ARTICLE VII Article VIII (Payments) (solely with respect to the extent any payments became payable payment obligations incurred prior to the effective date of such expiration or termination), Section 8.01 9.01 (Ownership of Akebia Intellectual Property), Section 8.02 9.02 (Licensee Intellectual Property), Section 9.03 (Joint Technology and Improvements), Section 9.04 (Prosecution of Patent RightsAkebia Patents), Section 8.03 9.05 (EnforcementProsecution of Licensee Patents Covering Improvements), Section 8.04 9.06 (Defense Prosecution of Third Party Infringement and Misappropriation ClaimsJoint Patents), Section 8.06 9.09 (Trademark Enforcement and DefensePatent Term Extensions), Section 10.05 Article XI (DisclaimerRepresentations, Warranties, and Covenants), Section 10.06 (Limitation of Liability), ARTICLE XI Article XII (Confidentiality), Section 12.01 Article XIII (Indemnification by Sol-Gel), Section 12.02 (Indemnification by Galderma), Section 12.03 (Procedure), Section 12.04 (Insurance), Section 13.07 (Effect of Termination), Section 13.08 (Survival; Accrued Rights), Section 14.03 (Choice of LawIndemnification), Section 14.04 (LanguageTermination for Bankruptcy), Section 14.05 (Effect of Termination by Akebia), Section 14.06 (Effect of Termination by Licensee), Section 14.07 (Survival: Accrued Rights), Article XV (Dispute Resolution; Governing Law), and ARTICLE Article XVI (Miscellaneous). In any event, expiration or termination of this Agreement shall not relieve either Party the Parties of any liability which accrued hereunder prior to the effective date of such expiration or termination, termination nor preclude either Party from pursuing all rights and remedies it may have hereunder or at Law law or in equity with respect to any breach of this Agreement occurring prior Agreement, nor prejudice either Party’s right to such expiration or terminationobtain performance of any obligation.

Survival; Accrued Rights. The following articles and sections of this Agreement shall survive expiration or early termination for any reason: ARTICLE I (DefinitionsArticle 1, Section 2.3, Section 2.5, Section 2.6(b), ARTICLE VII (Payments) Section 2.7 (solely to the extent applicable to a Party’s exercise of any payments became payable prior to rights, or performance of any obligations, retained by such Party hereunder following the effective date of such applicable expiration or termination), Section 8.01 4.10, Section 4.13, Section 5.3, Section 5.5, Section 5.6, Section 5.7, Section 6.6 (Ownership of Intellectual Propertysecond sentence only), Section 8.02 7.5 (Prosecution solely with respect to any Licensed Product sold following expiration or early termination of this Agreement in accordance with Section 14.7(e)), Article 9 (solely with respect to any payment obligations incurred prior to expiration or termination), Article 10, Section 11.1, Section 11.2 (with respect to Joint Combination Therapy Patent Rights), Section 8.03 11.3 (Enforcement), Section 8.04 (Defense of Third Party Infringement and Misappropriation Claims), Section 8.06 (Trademark Enforcement and Defense), Section 10.05 (Disclaimer), Section 10.06 (Limitation of Liability), ARTICLE XI (Confidentiality), Section 12.01 (Indemnification by Sol-Gel), Section 12.02 (Indemnification by Galderma), Section 12.03 (Procedure), Section 12.04 (Insurance), Section 13.07 (Effect of Termination), Section 13.08 (Survival; Accrued with respect to Joint Combination Therapy Patent Rights), Section 14.03 (Choice of Law)12.7, Section 14.04 (Language)12.8, Section 12.9, Article 13, Section 14.6, Section 14.7, this Section 14.8, Article 15, Section 16.1, Section 16.2, and ARTICLE XVI (Miscellaneous)Article 17. In any event, expiration or termination of this Agreement shall not relieve either Party of any liability which accrued hereunder prior to the effective date of such expiration or termination, termination nor preclude either Party from pursuing all rights and remedies it may have hereunder or at Law law or in equity with respect to any breach of this Agreement occurring prior Agreement, nor prejudice either Party’s right to such expiration or terminationobtain performance of any obligation.

Survival; Accrued Rights. The following articles and sections of this Agreement shall survive expiration or early termination for any reason: ARTICLE Article I (Definitions), ARTICLE VII Article VIII (Payments) (solely to the extent any payments became payable prior to the effective date of such expiration or termination), Section 8.01 9.01 (Ownership of Intellectual PropertyOwnership), Section 8.02 (Prosecution of Patent Rights), Section 8.03 (Enforcement), Section 8.04 (Defense of Third Party Infringement and Misappropriation Claims), Section 8.06 (Trademark Enforcement and Defense), Section 10.05 (Disclaimer), Section 10.06 11.06 (Limitation of Liability), ARTICLE XI Article XII (Confidentiality), Section 12.01 Article XIII (Indemnification by Sol-GelIndemnification), Section 12.02 (Indemnification by Galderma), Section 12.03 (Procedure), Section 12.04 (Insurance), Section 13.07 14.06 (Effect of Termination), Section 13.08 14.07 (Survival; Accrued Rights), Section 14.03 Article XV (Choice of Dispute Resolution; Governing Law), Section 14.04 16.01 (LanguageAssignment) (solely with respect to the last sentence in clause (a) and the entirety of clause (b), ) and ARTICLE XVI Article XVII (Miscellaneous). In any event, expiration or termination of this Agreement shall not relieve either Party of any liability which accrued hereunder prior to the effective date of such expiration or termination, termination nor preclude either Party from pursuing all rights and remedies it may have hereunder or at Law law or in equity with respect to any breach of this Agreement occurring prior Agreement, nor prejudice either Party’s right to such expiration or terminationobtain performance of any obligation.

Survival; Accrued Rights. The following articles Articles and sections Sections of this Agreement shall will survive expiration or early termination for any reason: ARTICLE I Section 9.1 (Definitions), ARTICLE VII (Payments) (solely to the extent any payments became payable prior to the effective date of such expiration or terminationTrademark Responsibility), Section 8.01 9.3 (Trademark Ownership of Intellectual Propertyand cooperation), Section 8.02 11.3 (Prosecution of Patent RightsSales Reports), but only with respect to Net Sales made during the Term, Section 11.4 (Accounting), Section 8.03 11.5 (EnforcementMethod of Payment), Section 8.04 11.6 (Defense of Third Party Infringement and Misappropriation ClaimsLate Payments), Section 8.06 (Trademark Enforcement and Defense), Section 10.05 (Disclaimer), Section 10.06 13.7 (Limitation of Liability), ARTICLE XI Section 14 (Confidentiality), Section 12.01 15 (Indemnification by Sol-GelIndemnification), other than Section 12.02 (Indemnification by Galderma), Section 12.03 (Procedure), Section 12.04 15.4 (Insurance), Section 13.07 16.12 (Effect Effects of Termination), Section 13.08 16.13 (Additional Effects of Termination for Net Sales Levels), Section 16.14 (Survival; Accrued Rights), Section 14.03 17 (Choice of Dispute Resolution; Governing Law), and Section 14.04 (Language), and ARTICLE XVI 18 (Miscellaneous). In any event, expiration or termination of this Agreement shall will not relieve either Party the Parties of any liability which that accrued hereunder prior to the effective date of such expiration termination (including Licensee’s obligation to pay Akebia pursuant to Article 11 (Payments) with respect to sales made prior to termination or terminationexpiration), nor preclude either Party from pursuing all rights and remedies it may have hereunder or at Law law or in equity with respect to any breach of this Agreement occurring prior Agreement, nor prejudice either Party’s right to such expiration or terminationobtain performance of any obligation.