Screening Product definition
Examples of Screening Product in a sentence
In the event of termination of this Agreement by Genentech with respect to a particular Licensed Product or Genentech Screening Product in a particular country pursuant to Section 10.2(a), all licenses granted to Genentech under Article 5 with respect to such Licensed Product in such country shall terminate as of the effective date of such termination.
Caliper may impose, in writing, reasonable restrictions upon the use of any Screening Product for intellectual property reasons, provided it notifies Lilly of such restriction at the time of sale.
Caliper will notify Lilly in writing when Caliper is prepared to offer each Screening Product for sale to Lilly, together with standard commercial terms and conditions to be established by Caliper, such as price, warranty, service arrangements and the like.
Caliper will notify Amgen before ceasing production of any Screening Product which Amgen has purchased in the [ * ] period before production is due to cease.
Such request must be made before the Lead Binder in question is advanced into clinical trials as part of a Rayze Screening Product.
The Parties acknowledge and agree that in the event that TriPath and Newco have not made any financial or other contribution to the development of any Screening Product, then notwithstanding anything in clause (e)(i) above to the contrary, Newco and TriPath, collectively, shall receive[*****] of the amounts received by the Parties from such third party in respect of any Screening Product commercialized by such third party.
Following sale of any product, if Caliper determines that third party intellectual property concerns warrant, Caliper may, in its sole discretion, (i) obtain for Lilly a license to continue to use the relevant Screening Product, (ii) replace or modify the relevant Screening Product so as to make the Screening Product non-infringing or (iii) terminate Lilly's rights to use the relevant Screening Product or restrict Lilly from using it in a manner Caliper believes my be infringing.
However, if in spite of such efforts, Caliper determines to proceed under clause (iii) above, Lilly may elect to have the purchase price paid by Lilly for such Screening Product refunded, and Lilly will return the relevant Screening Product.
Such a refund shall be Lilly's sole remedy against Caliper for the loss of use of such Screening Product.
At the time Caliper offers any Screening Product for sale to Lilly, unless Caliper has advised Lilly in writing that such Screening Product is in the development stage, Caliper shall have sufficient manufacturing capability, or shall have made adequate outsourcing arrangements, to enable it to meet the reasonably anticipated demand for such Screening Product within a commercially reasonable delivery period.