Examples of PHS License Agreement in a sentence
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.
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.
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.
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.
Medarex shall, and shall cause its Affiliates to: (i) faithfully and timely perform and discharge its and their obligations under the PHS License Agreement, (ii) to the extent within Medarex’s or its Affiliates’ reasonable control, not take any action or allow any event to occur that would give any Third Party licensor or sublicensor the right to terminate the PHS License Agreement, and (iii) not exercise any right to itself terminate the PHS License Agreement.
Upon termination or expiration of the PHS License Agreement pursuant to the terms of Article 13 of the PHS License Agreement, Epimmune shall provide IDM notice of such termination or expiration.
IDM agrees that with respect to the PHS Epitope, the obligations of Epimmune under the PHS License Provisions shall be binding upon IDM as if IDM were a party to the PHS License Agreement.
Upon notice from Celtrix that it is considering in good faith the exercise of such option, Genentech shall provide a copy of the PHS License Agreement to Celtrix for the sole purpose of evaluating whether to exercise such option, and Celtrix shall have sixty (60) days after receipt of the PHS License Agreement to decide whether to exercise such option.
Such appointment may be made either before or after sale, without notice, without regard to the solvency or insolvency of Mortgagor at the time of application for such receiver, without regard to the then value of the Mortgaged Premises or whether the Mortgaged Premises shall be then occupied as a homestead or not, and without regard to whether Mortgagor has committed waste or allowed deterioration of the Mortgaged Premises, and Mortgagee or any agent of Mortgagee may be appointed as such receiver.