Examples of Product Sublicense in a sentence
Oragenics will pay Intrexon any amount due under this Section 5.2(c) within the later of (i) thirty (30) days from underlying Commercialization Milestone Event, or (ii) ten (10) days following the date stipulated in the underlying Product Sublicense for Oragenics to receive the milestone payment.
The Territory and exclusivity provided in a given CGI Product Sublicense shall be the same as the Territory and exclusivity granted to ABX under the Product License from XT to ABX related to the same Antigen.
Subject to the terms of any CGI Product Sublicense entered into between CGI and ABX, nothing in this Agreement shall prevent CGI from commercializing products similar to or competitive with Covered Products, in addition to or in lieu of such Covered Products.
It is understood that each CGI Product Sublicense executed prior to any expiration or termination of this Agreement shall remain in effect in accordance with its terms.
ABX shall not be obligated to give notice or exercise its right to obtain additional rights as provided in this Section 4.2, unless a CGI Product Sublicense related to such CGI Antigen is then in effect.
To the extent that a portion of Net Sales for any calendar quarter is derived from the sale of Soligenix Products by a Product Sublicensee, the royalty payment due to Intrexon for that portion of Net Sales derived from the Product Sublicensee shall in no event be greater than fifty percent (50%) of the royalty payment due to Soligenix from the Product Sublicensee under the relevant Product Sublicense.
Following Selection of a CGI Antigen, or exercise of a Buy-In Right for a CGI Antigen, (i) ABX shall (subject to Section 4.1.2 below) exercise its rights under the MRLOA and obtain a Product License for such CGI Antigen from XT, (ii) CGI shall be responsible for payment of any amounts due to XT pursuant to the terms of the MRLOA by reason of such exercise, and (iii) ABX and CGI shall enter into a CGI Product Sublicense pursuant to the terms of Section 2.6 of this Agreement with respect to such CGI Antigen.
In addition, except as may be expressly provided under a CGI Product Sublicense actually entered into between the parties, this Agreement shall not be deemed to grant to either CGI or ABX any right to prosecute, enforce or defend any patent or other intellectual property right owned or controlled by the other party.
If such an Impediment exists and ABX so notifies CGI during such period, then ABX shall not be obligated to Select such Antigen or grant to CGI a CGI Product Sublicense with respect to such Antigen; provided, however, that nothing herein shall preclude CGI from later attempting again to exercise the Option with respect to such Antigen in accordance with this Article 2.
For purposes of this Section 6.6(c), “Licensee Reimbursement Date” shall mean the date on which Licensee’s out-of-pocket costs due to Licensee’s earlier payments to Licensor of Flu-CoV Cash Funding hereunder are fully reimbursed to Licensee as a result of Licensee’s receipt of Product Sublicense Income or Net Sales or other amounts covering such out-of-pocket costs or otherwise relating to Product Candidates or Products.