Examples of PHS License in a sentence
Licensor may disclose certain Confidential Information of Licensee to PHS in order to comply with the PHS License.
In such event, such Confidential Information shall be subject to the applicable confidentiality provisions of the PHS License.
For the purposes of this Exhibit C only, terms in bold have the meanings given such terms in the PHS License.
BNInc hereby covenants to BMS that, effective upon termination or expiration of the BNInc Agreement (other than as a result of the termination of the PHS License Agreement), BNInc shall grant directly to BMS all rights that it had granted to BN under the BNInc Agreement that BN had sublicensed to BMS under this Agreement, and BMS and its Affiliates shall have no obligation to make any payment to BNInc in connection with the grant of such rights.
BMS (by itself or through its Affiliates, Sublicensees, contractors or agents, as applicable) shall use Diligent Efforts to Develop (including at a minimum, for PROSTVAC, to meet the diligence benchmarks in Appendix E of the PHS License Agreement as modified by the latest amendment to that agreement as to which BMS provided its written consent) a Product for the purpose of obtaining a Regulatory Approval in each Major Market.
As between the Parties and subject to the PHS License Agreement, BMS (by itself or through its Affiliates) shall have the sole right to apply for any such adjustment, extension or protection for any Product Specific Patent in respect of the Product.
Upon any termination of the PHS License Agreement, the provisions of Section 4.3 of the PHS License Agreement shall apply.
Any settlement shall be subject to the provisions of the PHS License Agreement; provided, however that BN shall use Diligent Efforts to obtain PHS’s agreement that BMS shall have the first right to settle, subject to PHS’s consent to the terms of the settlement, any Product Specific Infringement Action that may occur for which BMS is the enforcing Party provided always that such efforts shall not require BN to pay any money to PHS unless the same is reimbursed by BMS.
BMS agrees to cause copies of such provisions to be attached to all agreements entered into by BMS that grant a sublicense of any rights arising under the PHS License Agreement and, if applicable, any license granted in accordance with the NIH CRADA.
All sublicenses granted to Affiliates or Third Parties in accordance with this Agreement shall be subject to all terms, conditions, obligations and covenants of this Agreement and all applicable provisions of the PHS License.