Common use of Non-Fulfillment of Conditions Clause in Contracts

Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 above (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other AVI-SuperGen Agreements by such Party.

Appears in 2 contracts

Sources: Sales, Distribution, and Development Agreement (Supergen Inc), Sales, Distribution, and Development Agreement (Avi Biopharma Inc)

Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 Article16.14 above (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other AVI-SuperGen SuperGen-▇▇▇▇▇▇ Agreements by such Party.

Appears in 2 contracts

Sources: Sales, Distribution, and Development Agreement (Abbott Laboratories), Sales, Distribution, and Development Agreement (Supergen Inc)

Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 above this Section 16.8 (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other AVI-SuperGen Triangle-▇▇▇▇▇▇ Alliance Agreements by such Party.

Appears in 1 contract

Sources: Collaboration Agreement (Triangle Pharmaceuticals Inc)

Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 16.14 above (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of 57 this Agreement or any of the other AVI-SuperGen SuperGen-▇▇▇▇▇▇ Agreements by such Party.

Appears in 1 contract

Sources: Sales Contracts (Abbott Laboratories)

Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article 16 Article16.14 above (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other AVISuperGen-SuperGen Abbott Agreements by such Party.

Appears in 1 contract

Sources: Sales, Distribution, and Development Agreement