Use of Affiliates. The Parties recognize that each may perform some or all of its obligations under this Agreement through Affiliates, subject to the terms and conditions of this Agreement. Each Party shall remain responsible for, and hereby guarantees, the performance by its Affiliates and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. In the event of any dispute arising from the performance by an Affiliate under this Agreement, the Party having such a dispute may proceed directly against the other Party, without any obligation to first proceed against the Affiliate.
Appears in 2 contracts
Samples: Exclusive License Agreement (Quatrx Pharmaceuticals Co), Exclusive License Agreement (Quatrx Pharmaceuticals Co)
Use of Affiliates. The Parties recognize To the extent that each may this Agreement imposes an obligation on an Affiliate of a Party, such Party agrees that it will cause such Affiliate to perform some or all such obligation. To the extent that this Agreement allows an Affiliate of a Party to perform its obligations under this Agreement through Affiliatesor duties hereunder, subject to the terms and conditions of this Agreement. Each Party shall remain responsible forsuch Affiliate may do so, and hereby guarantees, the performance by its Affiliates and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. In the event of any dispute arising from the performance by an Affiliate under this Agreement, provided that the Party having such a dispute may proceed directly against the other Party, without any obligation to first proceed against the Affiliatewill remain liable hereunder.
Appears in 2 contracts
Samples: Development and License Agreement, Development and License Agreement (Inspire Pharmaceuticals Inc)
Use of Affiliates. The Parties recognize that each Each Party may exercise its rights or perform some or all of its obligations under this Agreement personally or through one or more of its Affiliates, subject to the terms and conditions of this Agreement. Each ; provided that such Party shall remain responsible for, and hereby guarantees, nonetheless be primarily liable for the performance by of its Affiliates and shall cause for any failure by its Affiliates to comply with the provisions of restrictions, limitations and obligations set forth in this Agreement in connection with and applicable to such performanceParty. In the event of any dispute arising from the performance by an Affiliate under this Agreement, the Party having such a dispute may proceed directly against the other Party, without any obligation to first proceed against the Affiliate.
Appears in 1 contract