SUBLICENSE AND LICENSE AGREEMENT BETWEEN NIPPON KAYAKU CO., LTD. AND NEOPHARM, INC.Sublicense and License Agreement • September 13th, 2005 • Neopharm Inc • Biological products, (no disgnostic substances) • Illinois
only be in exceptional circumstances and only if the Government determines (i) the action is necessary to meet health or safety needs that are not reasonably satisfied by Licensee; (ii) the action is necessary to meet requirements for public use specified by Federal regulations, and such requirements are not reasonably satisfied by the Licensee; or (iii) the Licensee has failed to comply with an agreement containing provisions described in 15 U.S.C. §3710a(c)(4)(B). The determination made by the Government under this Article is subject to administrative appeal and judicial review under 35 U.S.C. §203(2).
