No Projections. Purchaser and Seller acknowledge and agree that nothing in this Agreement shall be construed as representing an estimate or projection of anticipated sales of any Product, and that the Net Sales levels set forth in Section 2.6 or elsewhere in this Agreement or that have otherwise been discussed by the parties are merely intended to define the Milestone or Contingent Earnout obligations to Seller in the event such Net Sales levels are achieved. PURCHASER MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, THAT IT WILL BE ABLE TO SUCCESSFULLY COMMERCIALIZE ANY PRODUCT OR, IF COMMERCIALIZED, THAT ANY PARTICULAR NET SALES LEVEL OF SUCH PRODUCT WILL BE ACHIEVED.
Appears in 2 contracts
Sources: License, Development and Commercialization Agreement (MEI Pharma, Inc.), License, Development and Commercialization Agreement (MEI Pharma, Inc.)
No Projections. Purchaser Buyer and Seller acknowledge and agree that nothing in this Agreement shall be construed as representing an estimate or projection of anticipated regulatory approval or sales of any a Product, and that the Net Sales levels Milestone Events set forth in Section 2.6 above or elsewhere in this Agreement or that have otherwise been discussed by the parties Parties are merely intended to define the Sales Milestone or Contingent Earnout obligations Payments to Seller in the event such Net Sales levels Milestone Events are achieved. PURCHASER NEITHER SELLER NOR BUYER MAKES NO ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, THAT IT BUYER WILL BE ABLE TO SUCCESSFULLY COMMERCIALIZE ANY PRODUCT OR, IF COMMERCIALIZED, THAT ANY PARTICULAR NET SALES LEVEL OF SUCH PRODUCT WILL BE ACHIEVEDA PRODUCT.
Appears in 1 contract