Notwithstanding Section. 17.1, in the event that this Agreement is transferred or sold with all or substantially all of a Party’s assets, stock or business, or that Party is merged, consolidated or combined with or into another entity or acquires another entity as provided for in Section. 17.1, and (a) that entity holds the rights to a competing product, as that term is defined in Section. 3.4; or, (b) the other Party acting reasonably cannot continue in this contractual relationship with this new entity,, then either Party has three (3) months to give notice to the other Party of its intent to terminate the Agreement, such termination to be effective sixty (60) days after receipt of notice of termination.
Appears in 2 contracts
Sources: Distribution Agreement (Auxilium Pharmaceuticals Inc), Distribution Agreement (Auxilium Pharmaceuticals Inc)