Superior Therapy means a therapy in the Field that, based on the data then available, (a) demonstrably appears to offer either superior efficacy or safety or significantly lower cost of therapy, as compared with both (i) those therapies that are marketed (either by Oragenics or others) at such time for the indication and (ii) those therapies that are being actively developed by Oragenics for such indication; (b) demonstrably appears to represent a substantial improvement over such existing therapies; and (c) has intellectual property protection and a regulatory approval pathway that, in each case, would not present a significant barrier to commercial development.

Superior Therapy means a therapy in the Field for a given indication that, based on the data then available, (a) demonstrably appears to offer superior efficacy, safety or significantly lower cost of therapy, as compared with both (i) those therapies that are marketed (either by ZIOPHARM or others) at such time for the same indication and (ii) those therapies that are being actively developed by ZIOPHARM for such indication; (b) demonstrably appears to represent a substantial improvement over such existing therapies; and (c) has intellectual property protection and a regulatory approval pathway that, in each case, would not present a significant barrier to commercial development.

Examples of Superior Therapy in a sentence

Intrexon may also terminate the Oral Mucositis ECC if we breach and fail to cure the breach within 60 days or we do not pursue development of a Superior Therapy identified by Intrexon that is a “Superior Therapy” as defined in the Oral Mucositis ECC.
A corporation can levy and collect additions to the capital contribution as the board of directors considers appropriate, but must notify the Superintendent of Credit Unions and the Superintendent of Insurance of the additions.
Intrexon may also terminate the Oral Mucositis ECC if we breach and fail to cure the breach within 60 days or we do not pursue development of the Superior Therapy under the probiotics identified by Intrexon that is a “Superior Therapy” as defined in the Oral Mucositis ECC.
Intrexon may also terminate the ECC if the Company breaches and fails to cure the breach within 60 days or the Company does not pursue development of the Superior Therapy under the probiotics identified by Intrexon that is a “Superior Therapy” as defined in the ECC.
Intrexon may also terminate the Infectious Disease ECC if we elect not to pursue the development of a Program identified by Intrexonthat is a Superior Therapy as defined in the Infectious Disease ECC upon 60 days notice unless we remedy the circumstances giving rise to the termination during such notice period.

More Definitions of Superior Therapy

Superior Therapy means a therapy in the Field that, based on the data then available, (a) demonstrably appears to offer either superior efficacy or safety or significantly lower cost of therapy, as compared with both (i) those therapies that are marketed (either by Ampliphi or others) at such time for the indication or, as evidenced to Intrexon by Ampliphi, have been in human clinical trials for the same indication by Third Parties, and (ii) those therapies that are being actively developed by Ampliphi for such indication or known by Ampliphi to be or have been in human clinical trials for the same indication by others; (b) demonstrably appears to represent a substantial improvement over such existing therapies; and (c) has intellectual property protection and a regulatory approval pathway that, in each case, would not present a significant barrier to commercial development.

Superior Therapy means a therapy in the Field that, based on the data then available, (a) demonstrably appears to offer either superior efficacy or safety or significantly lower cost of therapy, as compared with both (i) those therapies that are marketed (either by Adeona or others) at such time for the indication and (ii) those therapies that are being actively developed by Adeona for such indication; (b) demonstrably appears to represent a substantial improvement over such existing therapies; and (c) has intellectual property protection and a regulatory approval pathway that, in each case, would not present a significant barrier to commercial development.

Superior Therapy means a therapy in the Field that, based on the data then available, (a) demonstrably appears to offer either superior efficacy or safety or significantly lower cost of therapy, as compared with both (i) those therapies that are marketed (either by Fibrocell or others) at such time for the indication and (ii) those therapies that are being actively developed by Fibrocell for such indication; (b) demonstrably appears to represent a substantial Portions herein identified by [*****] have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and Exchange Commission. improvement over such existing therapies; and (c) has intellectual property protection and a regulatory approval pathway that, in each case, would not present a significant barrier to commercial development.

Superior Therapy means a cancer therapy in the Field that, based on the data then available, (a) demonstrably appears to offer superior efficacy, safety or cost, as compared with both (i) those therapies that are marketed (either by ZIOPHARM or others) at such time for a given cancer indication and (ii) those therapies that are being actively developed by ZIOPHARM for such cancer indication; (b) demonstrably appears to represent a substantial improvement over such existing therapies; and (c) has intellectual property protection and a regulatory approval pathway that, in each case, would not present a significant barrier to commercial development. 1.52 “Support Memorandum” has the meaning set forth in Section 11.2. 1.53 “Third Party” means any individual or entity other than the Parties or their respective Affiliates. 1.54 [*****]. 1.55 “Third Security” means Third Security, LLC. 5 1.56 “Territory” means the entire world. 1.57 “US GAAP” means generally accepted accounting principles in the United States. 1.58 “Working Group” has the meaning set forth in Section 2.3(d). 1.59 “ZIOPHARM Indemnitees” has the meaning set forth in Section 9.1. 1.60 “ZIOPHARM Product” means any product in the Field that is created, produced, developed, or identified directly or indirectly by or on behalf of ZIOPHARM during the term of this Agreement, whether through use or practice of Intrexon Channel Technology or the Intrexon Materials or otherwise, including, without limitation, any products that are the subject of the Existing Cancer Programs. 1.61 “ZIOPHARM Program Patent” has the meaning set forth in Section 6.2(b). 1.62 “ZIOPHARM Termination IP” means all Patents or other intellectual property that ZIOPHARM or any of its Affiliates Controls as of the Effective Date or during the Term that Cover, or is otherwise necessary or useful for, the development, manufacture or commercialization of a Reverted Product or necessary or useful for Intrexon to operate in the Field. ARTICLE 2 Scope of Channel Partnership; Management 2.1

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