Telix Parent Guarantee. For any period of time following the Effective Date during which Telix Parent is an Affiliate of Telix, Telix Parent hereby fully and unconditionally guarantees to Lxxxx Xxxxx’x, and each of Telix’s applicable Affiliates’, compliance with, and performance of, Telix’s obligations under, this Agreement. Telix Parent expressly waives any requirement that Lxxxx exhaust any right, power or remedy or proceed against Telix or any Affiliate thereof for any obligation or performance hereunder. With the exception of the rights expressly granted to Lxxxx in this Section 10.8, nothing expressed or implied from this Section 10.8 is intended to or shall be construed to give to any person or entity other than Lilly any legal or equitable rights, remedy or claim under or in respect of this Section 10.8, and this Section 10.8 is intended to be and is for the sole and exclusive benefit of Lxxxx. For clarity, the foregoing two sentences shall not be interpreted as limiting the ability of any successor or permitted assign of Lxxxx to exercise Lxxxx’x rights pursuant to this Section 10.8. Telix Parent shall not have any right, as a third party beneficiary of this Agreement or due to its execution of this Agreement for purposes of providing Lilly the rights described under this Section 10.8, to pursue any legal or equitable claim against Lxxxx or any Affiliate thereof under this Agreement.
Appears in 4 contracts
Samples: License Agreement (Telix Pharmaceuticals LTD), License Agreement (Telix Pharmaceuticals LTD), License Agreement (Telix Pharmaceuticals LTD)