Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties. Failure by either party to enforce any such rights under this Agreement shall not be construed as a waiver of such rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.
Waiver; Modification of Agreement. Jakékoli vzdání se některého ustanovení, dodatek či změna kterékoli podmínky této smlouvy jsou platné pouze tehdy, jsou-li vyhotoveny písemně a podepsány oprávněnými zástupci všech smluvních stran. Skutečnost, že se některá smluvní strana nedomáhá určitých svých práv z této smlouvy, nesmí být vykládána jako vzdání se těchto práv, a vzdání se určitých práv některou smluvní stranou v jednom či více případech nesmí být vykládáno jako pokračující vzdání se těchto práv nebo vzdání se těchto práv v jiných případech. No waiver, amendment, or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of all Parties. Failure by any Party to enforce any rights under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by any Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.
Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties hereto. No course of dealing or usage of trade shall be applicable unless expressly incorporated in this Agreement. Failure by either party on any occasion to enforce any rights under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.
Waiver; Modification of Agreement. No waiver, amendment, or modification of any of the terms of this Master Agreement or a Study Specific Agreement will be valid unless in writing and signed by authorized representatives of both parties. Failure by either party to enforce any rights under this Master Agreement or a Study Specific Agreement will not be construed as a waiver of such rights nor will a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.
Waiver; Modification of Agreement. Waiver of any breach under this Agreement shall not constitute waiver of any other breach of the same or any other provision. Acceptance of any items or payment therefor shall not waive any breach. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both Parties.
Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Master Agreement any associated Project SOW shall be valid unless in writing and signed by authorized representatives of both Parties. Failure by either Party to enforce any such rights under this Master Agreement any associated Project SOW shall not be construed as a waiver of such rights, nor shall a waiver by either Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances.
Waiver; Modification of Agreement. This Agreement (including the Exhibits and Schedules hereto) may be amended, modified, superseded or canceled, and any other of the terms or conditions hereof may be modified, only by a written instrument executed by both parties hereto or, in the case of a waiver, by the party waiving compliance. Failure of any party at any time or times to require performance of any provision hereof shall in no manner affect the right of such party at a later time to enforce the same, and no waiver of any nature, whether by conduct or otherwise, in anyone or more instances, shall be deemed to be or considered as a further or continuing waiver of any other provision of this Agreement.
Waiver; Modification of Agreement. No modification of this Agreement shall ---------------------------------- be binding unless made in writing clearly identified as a modification and signed by an authorized representative of the party against whom enforcement of such modification is sought. Either party may, by an instrument in writing, waive compliance by the other party with any term or provision of this Agreement. No waiver shall be implied from conduct or a failure to enforce rights or a delay in enforcing rights, including any delay by in exercising or asserting any right of one party to terminate this Agreement due to breach of the other party's obligations hereunder. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.
Waiver; Modification of Agreement. 27 EXHIBIT A HEXTEND(R) FORMULATION............................................28 EXHIBIT B PATENT RIGHTS.....................................................29 EXHIBIT C MILESTONE PAYMENTS AND SALES RELATED LICENSE FEES.................30 EXHIBIT C.1 COMPOSITION OF MATTER, MINIMUM CLAIMS............................32 EXHIBIT D ROYALTIES.........................................................33 EXHIBIT D.1 CALCULATION OF LICENSE FEE AND ROYALTY PAYMENTS.................34 EXHIBIT E NO VOLUME LIMITATION..............................................35 EXHIBIT F PRODUCT STANDBY CONTRACT MANUFACTURING AGREEMENT..................36 EXHIBIT G ALTERNATIVE DISPUTE RESOLUTION....................................38 EXHIBIT H PRODUCT PROMOTIONAL ACTIVITIES....................................42 EXCLUSIVE LICENSE AGREEMENT This Agreement is made this 23rd day of April, 1997 by and between BioTime, Inc., 935 Pardee Street, Berkexxx, Xxxxxxxxxx 94710 ("Licensor") and Abbott Laboratories, 100 Xxxxxx Park Road, Abxxxx Xxxx, Xxxxxxxx 60064-0000 ("Abbott").
Waiver; Modification of Agreement. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by authorized representatives of both Parties. Failure by either Party to enforce any rights under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by a Party in one or more instances be construed as constituting a continuing waiver or as a waiver in other instances. The Parties intending to be bound by the terms and conditions hereof have caused this Agreement to be signed by their duly authorized representatives on the date first above written. XXXXXX LABORATORIES SUPERGEN, INC. By: /s/ Xxxxxxx X. Xxxxxxxx By: /s/ Xxxxxx Xxxxxxxxx -------------------------------- ------------------------------- Title: President, HPD Title: President & Chief -------------- Executive Officer ----------------- SUPERGEN, INC. AND XXXXXX LABORATORIES U.S. Distribution Agreement EXHIBIT 11.3 ALTERNATIVE DISPUTE RESOLUTION The parties recognize that bona fide disputes as to certain matters may arise from time to time during the term of this Agreement which relate to either party's rights and/or obligations. To have such a dispute resolved by this Alternative Dispute Resolution ("ADR") provision, a party first must send written notice of the dispute to the other party for attempted resolution by good faith negotiations between their respective presidents (or their designees) of the affected subsidiaries, divisions, or business units within twenty-eight (28) days after such notice is received (all references to "days" in this ADR provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days of the notice of dispute, or if the parties fail to meet within such twenty-eight (28) days, either party may initiate an ADR proceeding as provided herein. The parties shall have the right to be represented by counsel in such a proceeding.
