Third Party Proposed Product means an actual or potential Licensed Product that is for an application or market segment for which Harvard reasonably believes a Licensed Product is not being actively developed and commercialized by Licensee, its Affiliates or any Sublicensee hereunder.
Third Party Proposed Product means a Type II Licensed Product for vaccination against or treatment of an organism or disease for which Licensee is not developing or commercializing a Licensed Product.
Third Party Proposed Product has the meaning set forth in Section 2.5.1. Exclusive License Agreement Wistar Reference No. LIC15-35 Wistar/OncoCyte Certain information has been omitted under a request for confidential treatment, and the omitted information has been filed with the Commission. Confidential portions are marked [**].
Examples of Third Party Proposed Product in a sentence
If a third party requests a license under the Harvard/Broad Cas9-I Patent Rights for the development and commercialization of a product that would be subject to our co-exclusive license grant from Broad and Harvard under the Cas9 License Agreement, Broad and Harvard may notify us of the request, which we refer to as the Cas9 Third Party Proposed Product Requests.
A Cas9 Third Party Proposed Product Request must be accompanied by the third party’s bona fide proposal, including the proposed target or category.
If the Parties agree on such development plan and milestones within such [**] period, Licensee shall maintain its exclusive license(s) hereunder with respect to such Third Party Proposed Product, but shall be obligated (a) to use commercially reasonable efforts to develop and commercialize the Third Party Proposed Product in accordance with such new development plan and (b) to meet the milestones with respect to the Third Party Proposed Product.
Over the experi- mental time of the present study, this would lead to a sedimentation of ≈ 34.5 cm of additional sediment or 12 cm during the first 400 years of the experiments where the most interesting dynamics take place.
More Definitions of Third Party Proposed Product
Third Party Proposed Product means an actual or potential Licensed Product that (a) is aimed at an indication for which [**], (b) does not present [**] with any Licensed Product that is being (or within a [**] year period is planned to be, as demonstrated by [**], and (c) does not contain substantially the same [**] in any Licensed Product [**].
Third Party Proposed Product means an actual or potential Licensed Product (a) that is for a therapeutic category (e.g., infectious diseases, inflammatory conditions and oncological conditions) for which no Licensed Product is being developed or commercialized by Licensee, any Affiliate of Licensee or any Sublicensee and (b) that does not contain or consist of any Covered Component that is included in a Licensed Product that is being clinically developed or commercialized by Licensee, any Affiliate of Licensee or any Sublicensee. For the avoidance of doubt, sub-categories within the same general therapeutic category shall be considered the same therapeutic category (e.g., infectious diseases shall include subcategories such as bacterial diseases and fungal diseases).
Third Party Proposed Product means an actual or potential Licensed Product within the Field of Use that (a) is aimed at an indication for which no Licensed Product is being, or within a [***] period is planned to be (as demonstrated by Licensee’s then current development and commercialization plans), developed, manufactured, used, marketed or sold by Licensee, its Affiliate, or its Sublicensee under a sublicense, and (b) does not present any material risk of competing through off-label use with any Licensed Product that is being, or within a [***] period is planned to be (as demonstrated by Licensee’s then current development and commercialization plans), developed, manufactured, used, marketed or sold by Licensee, its Affiliate, or its Sublicensee.
Third Party Proposed Product means an actual or potential Licensed Product that is for an application or market segment for which University reasonably believes a Licensed Product is not being actively developed and commercialized by a Licensed Entity.
Third Party Proposed Product means a Type II Licensed Product for vaccination against or treatment of an organism or disease for which Licensee is not developing or commercializing a Licensed Product. 1.25 “Type I Licensed Product” shall mean any product, the manufacture, use, sale, marketing or importation of which falls within the scope of a Valid Claim in the country in which it is manufactured, used, sold, marketed or imported. 1.26 “Type II Licensed Product” shall mean any product that is not a Type I Licensed Product, but is identified or discovered through the use of a Licensed Method. 1.27 “Valid Claim” shall mean: (a) a claim of an issued and unexpired patent within the Patent Rights that has not been (i) held permanently revoked, unenforceable, unpatentable or invalid by a decision of a court or governmental body of competent jurisdiction, unappealable or unappealed within the time allowed for appeal, (ii) rendered unenforceable through disclaimer or otherwise, (iii) abandoned or (iv) lost through an interference proceeding; or (b) a pending claim of a pending patent application within the Patent Rights that (i) has been asserted and continues to be prosecuted in good faith, (ii) has not been abandoned or finally rejected without the possibility of appeal or refiling, and (iii) has not been pending for more than five (5) years from the date of issuance of the first substantive patent office action considering the patentability of such claim by the applicable patent office in such country (at which time such pending claim shall cease to be a Valid Claim for purposes of this Agreement unless and until such claim becomes a claim of an issued patent).
Third Party Proposed Product means an actual or potential Licensed Product that (a) is aimed at an indication for which no Licensed Product is being (or within a [**] year period is planned to be, as demonstrated by Licensee’s then current development and commercialization plans) developed, manufactured, used, marketed or sold by Licensee or any Affiliate of Licensee or Sublicensee under a Sublicense, (b) does not present any material risk of competing through off-label use with any Licensed Product that is being (or within a [**] year period is planned to be, as demonstrated by Licensee’s then current development and commercialization plans) developed, manufactured, used, marketed or sold by Licensee or any Affiliate of Licensee or Sublicensee, and (c) does not contain substantially the same Covered Peptide as that contained in any Licensed Product being developed, manufactured, used, marketed or sold by Licensee or any Affiliate or Sublicensee under a Sublicense.
Third Party Proposed Product using an AAV Capsid Variant selected by Benitec, then 4D Molecular promptly shall notify Benitec of the Third Party Proposal of such Third Party (“Third Party Proposer”) and”), but only if the Third Party Proposer has authorized 4D Molecular to do so. **** Within 90 calendar days after receipt of a notice from 4D Molecular of a Third Party Proposal, Benitec shall notify 4D Molecular whether Benitec is conducting or is interested in conducting research or Development of such Third Party Proposed Product or a Product that Benitec believes in good faith is or would be competitive with such Third Party Proposed Product in the Field (a “Competitive Product”).