Examples of HXXX Business in a sentence
In addition, in the event that HXXX acquires a business that that has products outside of the HXXX Business, it shall so notify HBIO in writing within ten (10) days of the effective date of such acquisition.
The licenses granted by HBIO to HXXX to the New HBIO Technology under Section 3.2 shall remain in effect until the first to occur of: (a) the date on which HXXX ceases to actively use the New HBIO Technology in its HXXX Business, which date shall be no sooner than one year after disclosure; (b) with respect to each Patent included in the New HBIO Technology subject to the licenses, the date on which such Patent shall expire; or (c) an Insolvency Event occurs with respect to HXXX.
For purposes of this Agreement, HXXX will be deemed to be actively using the New HBIO Technology if either: (i) any New HBIO Technology is incorporated into any products being developed, manufactured, marketed, distributed or sold by HXXX or any Third Party on behalf of HXXX; or (ii) HXXX is actively using, or has actively used within the previous six (6) month period, the New HBIO Technology as part of its research and development efforts for the HXXX Business.
The foregoing shall not prevent HBIO from selling products from its businesses outside of the Harvard Apparatus Research Business into hospitals, clinics and other customers for human use or perform clinical trials or seek FDA or other regulatory approval for human use outside the HXXX Business.
Subject to Article IX hereof, the licenses granted in Section 4.1 and 4.2 hereof shall in no way limit the ability of HXXX to use the New HXXX Technology in the HXXX Business.
In addition, in the event that HBIO, through its Harvard Apparatus Research Business, acquires a business that has products in the HXXX Business, it shall so notify HXXX in writing within ten (10) days of the effective date of such acquisition.
Subject to Article IX hereof, the licenses granted in Section 3.1 and 3.2 hereof shall in no way limit the ability of HBIO to use the New HBIO Technology with respect to uses outside the HXXX Business.
HBIO hereby agrees to, and to cause its Affiliates and Subsidiaries to, grant, assign and convey to HXXX all Technology and Know-How used in the HXXX Business.
For clarity since HXXX will operate in the HXXX Business and HBIO will operate in the Harvard Apparatus Research Business, it is permissible for both companies to be simultaneously selling an identical product under their respective trademarks in their respective separate fields of use (i.e. HXXX Business for HXXX and Harvard Apparatus Research Business for HBIO) without violating Article IX of this Agreement.
For the avoidance of doubt, the transfer of the Technology and Know-How used in the HXXX Business does not include the transfer of any Intellectual Property in any Technology used in the HXXX Business; such Intellectual Property is transferred to HXXX as Transferred Intellectual Property in Section 2.1 above.