Each Party shall provide to the other Parties copies of any periodical safety update reports issued by such Party with respect to any Anti-IgE Product or Anti-IgE Antibody. Subject to the other terms of this Agreement, including, without limitation, Section 9. Guideline for Product Sampling The Finance Sub-Committee will determine how and when to pass through GenNov as a Marketing Cost in the U. The place of arbitration shall be Washington D. No provision in this Agreement shall be supplemented, deleted or amended except in a writing executed by each of the Parties. As a digital marketplace with an exhaustive range of property listings, we know it is easy to get lost. Legal Requirements shall mean all applicable laws, statutes, ordinances, codes, rules, regulations, published standards, permits, judgments, decrees, writs, injunctions, rulings, orders and other requirements of any Public Authority.
For the avoidance of doubt, the rights and licenses granted in the Cross-License Agreement whether Exclusive, Semi-Exclusive, Co-Exclusive or otherwise will not limit any rights or licenses expressly granted to Novartis hereunder. Demonstrative examples of matters as to which Genentech shall have the right to vote even to the extent they relate to Europe shall include, without limitation: pricing of Anti-IgE Products in Europe and forecasts, key strategic initiatives, core positioning and strategies, detailing requirements and seeking additional indications in Europe for Anti-IgE Products. In the event that Novartis terminates this Agreement as set forth in this Section 18. The Guarantor also hereby agrees to pay on demand any money due or which becomes payable under this agreement and not paid by the lessee. To the extent that any provision hereof shall be held to be wholly or partially invalid or unenforceable in any Regulatory Jurisdiction, the Parties shall use their best efforts to replace the invalidated provision with a valid and enforceable provision which, insofar as practicable, implements the intent of the invalidated, or partially invalidated, provision with respect to such Regulatory Jurisdiction.
In the event that both Novartis and Genentech terminate this Agreement as set forth in Section 18. What is Tri-Party Agreement or Tripartite Agreement A Tri-Party Agreement is an agreement between three separate parties. Litigating Party shall have the meaning set forth in Section 13. The Exhibits and Schedules annexed hereto are hereby incorporated herein as a part of this Agreement with the same effect as if set forth in the body hereof, except as otherwise specified in such Exhibit or Schedule. Nothing herein expressed or implied is intended to or shall be construed to confer upon or give to any Person other than the Parties hereto and their successors and permitted assigns any rights or remedies under, or by reason of, this Agreement.
If any provision herein shall be held invalid or unenforceable by a court of competent jurisdiction or other authority in any Regulatory Jurisdiction, the remainder of the provisions herein shall remain in full force and effect with respect to such Regulatory Jurisdiction and shall not be affected thereby. A Subject to Tanoxs compliance with the applicable surviving terms and conditions of this Agreement as set forth in this Part 1 of Schedule D and in Section 18. The failure from time to time by any Party to exercise, or the waiver by such Party of, any of such Partys rights or remedies hereunder shall not operate or be construed as a continuing waiver of the same or of any other of such Partys rights or remedies -85- provided under this Agreement. The information contained in this website is provided only as general information and may or may not reflect the most current legal developments; accordingly, information on this website is not promised or guaranteed to be correct or complete. Each Party hereto shall bear all costs and expenditures incurred by it under or in connection with the Existing Claims, including, without limitation, attorneys fees and expenses and court and arbitration costs.
Party B is consolidated into Party A pursuant to the Announcement on Deepening the Reform of the Structure of the Telecommunications Sector in Mainland China jointly issued by the Ministry of Industry and Information Technology, the National Development and Reform Commission and the Ministry of Finance; 2. These articles, the information therein and their other contents are for information purposes only. Cost of Goods shall have the meaning set forth in the Financial Appendix. Novartis shall use Commercially Reasonable Efforts to Commercialize Xolair in Europe. All other provisions including the licenses granted herein except to the extent surviving under Section 18.
If in the opinion of the lessor, the equipment is lost, stolen or damaged to such extent, which is incapable of repair; the insurance money will be applied to make good the damages under the insurance policies. Partnerships are a legal agreement between two or more parties. In the event that any Party becomes aware of any -63- infringement of any of the Anti-IgE Patents or Anti-IgE Trademarks or any misappropriation with respect to any Company Information or Know-How, or aware of any action by any Third Party for a declaration that any of the Anti-IgE Patents or Anti-IgE Trademarks hereunder are not infringed, are invalid or unenforceable, such Party shall promptly notify the other Parties in writing, including the available evidence of such infringement or other conduct. The Parties agree that each may fully exercise all of its rights and elections under the Code following any event of bankruptcy affecting the other, including, without limitation, those set forth in Section 365 n of the Code. Cross-License Agreement shall mean the Settlement and Cross-License Agreement by and between Genentech and Tanox dated as of July 8, 1996, together with Amendment No. The headings and the Table of Contents in this Agreement are for convenience of reference only and shall not affect the meaning or interpretation of the provisions hereof. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of each of the Parties.
Also Read: How tripartite agreement looks like? Third Party Agreements shall have the meaning set forth in Section 14. The Parties shall co-operate and consult with each other, where appropriate, with respect to the determination of inventorship and ownership of, and with respect to the preparation, filing, prosecution and maintenance of, all patents and patent applications relating to any jointly-owned invention as described in Section 13. With respect to any jointly-owned invention as described in paragraph d , the Parties jointly owning the invention shall consult with each other and the Controlling Party regarding the filing, prosecution and maintenance of any patent applications and patents including without limitation extensions, supplementary patent certificates, reissues, renewals, divisions, continuations or continuations-in-part thereon, and responsibility for such activities will be the obligation of the Controlling Party. C § 146 and maintenance of patent applications but excluding costs related to in-house activities to the extent reasonably agreed upon in advance by the Parties sharing such costs. Furthermore, it should also mention that the developer has not entered into any new with any other party. Controlling Party shall mean, with respect to any patent or patent application claiming any intellectual property developed jointly by two or more Parties: a Genentech or Novartis if Genentech is not a joint owner of the applicable patent or patent application , with respect to the United States only; b Novartis or Genentech if Novartis is not a joint owner of the applicable patent or patent application , with respect to Europe; c Novartis or Tanox if Novartis is not a joint owner of the applicable patent or patent application for East Asia and the Rest of World.
Supplementary agreements may be entered into when necessary. or Net Losses U. The lessor hereby assigns to the lessee the right of warranties provided by the manufacturer of the equipment and the lessee shall be entitled to make any claim for any defect or deficiency, for any breach of condition or warranty directly against the manufacturer and for this purpose if the lessee requests to the lessor, the lessor shall authorise the lessee for enforcing due performance of any warranties or performance guarantees relating to the equipment. Genentech will be responsible for the preparation of consolidated reporting of GenNov for the U. Each Party acknowledges and agrees that, except as expressly set forth in Sections 5.