By Each Party. Each party represents and warrants to the other party as follows: 2.1.1 Such party is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized. 2.1.2 Such party (a) has the requisite power and authority and the legal right to enter into this Agreement and to perform its obligations hereunder, and (b) has taken all necessary action on its part to authorize the execution and delivery of this Agreement and the performance of its obligations hereunder. This Agreement has been duly executed and delivered on behalf of such party and constitutes a legal, valid, binding obligation, enforceable against such party in accordance with its terms. 2.1.3 All necessary consents, approvals and authorizations of all governmental authorities and other Persons required to be obtained by such party in connection with this Agreement have been obtained. 2.1.4 The execution and delivery of this Agreement and the performance of such party’s obligations hereunder (a) do not conflict with or violate any requirement of applicable laws or regulations, and (b) do not conflict with, or constitute a default under, any contractual obligation of it. Neither party, its Affiliates, its (sub)contractors, nor any of its or their officers, directors, employees or consultants, have been debarred by the FDA or other applicable governing health authority (or authorities), under any existing or prior law or regulation.
Appears in 5 contracts
Sources: Development, Supply and Commercialization Agreement (Eton Pharmaceuticals, Inc.), Development, Supply and Commercialization Agreement (Eton Pharmaceuticals, Inc.), Development, Supply and Commercialization Agreement (Eton Pharmaceuticals, Inc.)
By Each Party. Each party hereby represents and warrants to the other party as follows:
2.1.1 (a) Such party is duly organized, validly existing and in good standing under the laws of the jurisdiction state in which it is organized.
2.1.2 (b) Such party (a) has the requisite power and authority and the legal right to enter into this Agreement and to perform its obligations hereunder, and (b) has taken all necessary action on its part to authorize the execution and delivery of this Agreement and the performance of its obligations hereunder. This Agreement has been duly executed and delivered on behalf of such party party, and constitutes a legal, valid, binding obligation, enforceable against such party in accordance with its terms.
2.1.3 (c) All necessary consents, approvals and authorizations of all governmental authorities and other Persons required to be obtained by such party in connection with this Agreement have been obtained.
2.1.4 (d) The execution and delivery of this Agreement and the performance of such party’s 's obligations hereunder (a) do not conflict with or violate any requirement of applicable laws or regulations, and (b) do not conflict with, or constitute a default under, any contractual obligation of it. Neither party, its Affiliates, its (sub)contractors, nor any of its or their officers, directors, employees or consultants, have been debarred by the FDA or other applicable governing health authority (or authorities), under any existing or prior law or regulation.
Appears in 3 contracts
Sources: Licensing Agreement (Deltagen Inc), Licensing Agreement (Deltagen Inc), Licensing Agreement (Deltagen Inc)