WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. The arbitration decision shall be made by a single arbitrator, who has no conflicts, meets the standards of R-17 of the Rules with respect to impartiality and independence, and is chosen by mutual agreement of the Parties through the Arbitrator Appointment procedure set forth in D-6 of the Rules.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. If a Milestone Event is achieved prior to the achievement of any preceding Milestone Event(s), the Milestone Payments in respect of all such preceding Milestone Events shall become due. The Milestone Payments relating to Net Sales shall be payable only once for the first occurrence of the specified Milestone Event, regardless of the number of Licenced Products that achieve such Milestone Payments as specified in Part 2 of the Schedule. Other Milestone Payments may be triggered by a second or further Licenced Product in respect of an Indication, unless such Milestone Event has already been triggered by a preceding Licenced Product in that same Indication. Each Milestone Payment is distinct, and each is payable in addition to, and not instead of, any of other applicable Milestone Payment. The Company will notify the University within [***] after the Company and/or its Affiliates and/or Sub-Licencees becomes aware of the achievement of the Milestone Event for which a payment to the University is required and University shall send the Company an invoice for same. Each Milestone Payment shall be due with [***] of the date of the respective invoice.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Notwithstanding the warranties contained in Clause 9.1, nothing in this Agreement shall constitute any representation or warranty by the University that the Initial Patent Applications shall proceed to grant or, if granted, the Licenced Patent Rights shall be valid, or that use and exploitation of the Licenced Patent Rights and the Licenced Know-how or the exercise of the Company’s rights under this Agreement will not infringe the rights of any third party, or that any Licenced Patent Rights are relevant to the Licenced Products.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. The captions or headings of the Clauses or other subdivisions hereof are inserted only as a matter of convenience or for reference and shall have no effect on the meaning of the provisions hereof.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED conditions of this Agreement, 89bio hereby agrees to retain Provider as a non-exclusive manufacturer of the 89bio Product, and Provider agrees to Manufacture the 89bio Product for 89bio at the Facility. Provider further agrees to Manufacture and supply the 89bio Product exclusively to 89bio.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. For each Aircraft delivered pursuant to the Agreement, the Seller will [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED]
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Pursuant to Paragraph 1.1 of Appendix A to Clause 16 of the Agreement, the Seller will provide flight crew training (standard transition course) [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED]
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Strategic Research And Development Agreement (this “Strategic R & D Agreement”) dated July 1, 2020 (the “Effective Date”) by and between RENOVACARE, INC., a Nevada corporation (the “Company”), and STEMCELL SYSTEMS GmbH (“SCS”). The Company and SCS are sometimes collectively herein referred to as the “Parties” and individually as a “Party.”
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Oncorus may grant multiple sub-licenses under the Patent Rights in the Field and in the Territory, provided that the terms of this Agreement are incorporated within and made binding on any sub-licensees, save that subject to Section 5.2, nothing shall restrict Oncorus with respect to the amount of any milestone or other payments levied on its sub-licensees.
WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. The license grant shall revert to a non-exclusive license in the Field (as set forth below in sub-Section 7.1.1.3), and sub-licensing of mere Patent Rights to a third party, independent of a Product or the license of any Oncorus patent rights or know-how, shall not be permitted.
