Backup Product definition

Backup Product has the meaning set forth in Section 3.2(b).

Backup Product means a Product containing any Collaboration Molecule other than MDV3100 that is Developed or Commercialized by the Parties for use in the Field following any termination of Development of MDV3100 Products for technical, medical or scientific reasons.

Backup Product means a Product containing a Backup Compound (or any other form of a Backup Compound that is described in the definition of “Compound”).

Examples of Backup Product in a sentence

• Such Backup Product, upon completion of its POC Trial, shall also become a Licensed GT Product, subject to the license grants set forth in Section 5.1, and the Parties shall determine if such Backup Product achieves Demonstration of Clinical POC pursuant to Section 2.11.4.

• In the event that the Back-up Product achieves milestones which were not previously achieved by the relevant Discontinued Product, such milestone payments will be paid in accordance with this Section 4.3.

• Upon expiration or termination of this Agreement in accordance with its terms, all right, title, and interest in and to the Assigned Interest shall automatically revert to Company, and Purchaser will have no further rights in the Assigned Interest, the Back-up Product True-Up Funds, or the Assigned Interest Collateral.

• If Collaborator and Affymax enter into an agreement under which Collaborator obtains such rights with respect to certain Backup Product, then such Backup Product(s) shall also be licensed to Collaborator under such agreed terms and conditions.

• However, if such Original Product or Backup Product is subsequently directed to a different Target, then such Payor shall be obligated to make any payments with respect to the milestones achieved by such Original Product or Backup Product directed to such different Target.

• The Company shall use proceeds received from Purchaser in support of the development of the Back-up Product and development and commercialization of the Product.

• If the initial Licensed GT Product or the Backup Product fails to achieve Demonstration of Clinical POC Bayer may, within […***…] of being notified of such failure, upon […***…] notice, terminate this Agreement.

• For example, in the event that further clinical development of a Licensed Product with respect to which one or more milestones payments have been made (an “Original Product”) is halted, and such Licensed Product is replaced in development by a different Licensed Product (a “Backup Product”), then such Payor shall not be obligated to make any payments with respect to milestones achieved by the Backup Product for which such Payor has already made a milestone payment with respect to the Original Product.

• For clarity, if and as far as a Backup Product is developed outside the Field by Affymax and/or its Third Party Partner, then Collaborator shall have no rights under this Section 3.6 with respect to such Backup Product.

• This Section 3.6 shall apply on a Backup Product by Backup Product basis.

More Definitions of Backup Product

Backup Product means any product(s) Controlled by Affymax or its Affiliates, the active therapeutic ingredient(s) of which are Alternative ESAs.

Backup Product means (a) each Small Molecule pharmaceutical product having a primary mechanism of action through inhibition of beta-secretase that, on the Backup Trigger Date (1) is Controlled by Eisai and/or its Affiliates, (2) has been evaluated in a Phase I Clinical Study and (3) Eisai is evaluating in a Phase II Clinical Study or has evaluated in a Phase II Clinical Study; and (b) any Backup Candidate that has been deemed a Backup Product pursuant to Section 3.7(c).

Backup Product means a Product containing an Other Patented Molecule Developed or Commercialized by the Parties following any termination of Development of Dimebon Products for technical, medical or scientific reasons.

Backup Product means any Drug Candidate comprised of, modulating, interacting with, or derived from the same Collaboration Target as another Drug Candidate (including any Licensed Product) comprised of, modulating, interacting with, or derived from the same Collaboration Target. The adoption of an alternative to or replacement of any Drug Candidate may be due to factors that include such alternative’s or replacement’s possession of a better drug profile than the prior Drug Candidate, or toxicity issues, formulation problems, lack of efficacy, safety issues or any other factor having an adverse effect upon the ability to effectively develop or commercialize such prior Drug Candidate with the exercise of Commercially Reasonable Efforts. For the avoidance of doubt, no Drug Candidate comprised of, modulating, interacting with or derived from NKG2A shall be a Backup Product for Anti-KIR.

Backup Product means any lentiviral-based vector product for delivering:

Backup Product means any lentiviral-based vector product for delivering: (i) transgenes, which transgenes encode proteins having the enzymatic or cofactor activities of either one or two (but not three) of the following: AADC (aromatic L-amino acid decarboxylase), TH (tyrosine hydroxylase), or XX0 (XXX cyclohydrolase 1); and (ii) no other therapeutic moiety; and in each case is Covered by a Licensed Patent or the research, development or Manufacture of which used or uses the Licensed Know-How.