Common use of Performance by Affiliates Clause in Contracts

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Appears in 11 contracts

Sources: Collaboration Agreement, License, Development and Commercialization Agreement (Incyte Corp), Partnership Agreement (Amyris, Inc.)

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Appears in 11 contracts

Sources: Cross License Agreement (Alnylam Pharmaceuticals, Inc.), Cross License Agreement, Option Agreement

Performance by Affiliates. Either The Parties agree that their respective rights and obligations may be exercised or performed by any of their Affiliates; provided, however, that each Party may use one or more shall be fully responsible and liable for the actions of its such Affiliates to perform its in the performance of such obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided shall ensure that each such Affiliate shall be bound by complies with the corresponding obligations terms of such Party and the Parties shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunderthis Agreement.

Appears in 8 contracts

Sources: Distribution Agreement (Synergy CHC Corp.), Intellectual Property License Agreement (Synergy CHC Corp.), Distribution Agreement (Synergy CHC Corp.)

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder hereunder, and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Appears in 8 contracts

Sources: Cross License Agreement (Arbutus Biopharma Corp), License Agreement (Gritstone Oncology, Inc.), License Agreement (Gritstone Oncology, Inc.)

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties such Party shall remain liable hereunder for the prompt payment and performance of all of their respective obligations hereunder.

Appears in 6 contracts

Sources: Research Collaboration and License Agreement (TScan Therapeutics, Inc.), Collaboration and License Agreement (CytomX Therapeutics, Inc.), Collaboration and License Agreement (CytomX Therapeutics, Inc.)

Performance by Affiliates. Either Except as expressly prohibited hereunder, either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; hereunder, provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties shall remain liable hereunder for the prompt timely payment and performance of all their respective of its obligations and duties hereunder.

Appears in 6 contracts

Sources: License Agreement (Arrowhead Pharmaceuticals, Inc.), License Agreement (Arrowhead Pharmaceuticals, Inc.), Research Collaboration and Option Agreement (Arrowhead Pharmaceuticals, Inc.)

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights herein; provided provided, that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties and, subject to an assignment to such Affiliate pursuant to Section 13.4, each Party shall remain liable hereunder for the prompt payment and performance of all their respective its payment obligations hereunder.

Appears in 3 contracts

Sources: Collaboration Agreement (Galapagos Nv), Collaboration Agreement (Galapagos Nv), Collaboration Agreement (Galapagos Nv)

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Party Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties and, subject to an assignment to such Affiliate pursuant to Section 12.4, such Party shall remain liable hereunder for the prompt payment and performance of all their its respective obligations hereunder.

Appears in 2 contracts

Sources: Collaboration and License Agreement (Caribou Biosciences, Inc.), Collaboration and License Agreement (Caribou Biosciences, Inc.)

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights hereinhereunder; provided that each such Affiliate shall be bound by the corresponding obligations of such Party so notifies the other Party in writing and the Parties provided, further, that such Party shall remain liable hereunder for the prompt payment and performance of all their respective of its obligations hereunder.

Appears in 2 contracts

Sources: License Agreement (Sol-Gel Technologies Ltd.), License Agreement (Sol-Gel Technologies Ltd.)

Performance by Affiliates. Either Party The Parties agree that either Party’s rights or obligations hereunder may use be exercised or performed by one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights hereinthat Party’s Affiliates; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties shall remain liable hereunder for the prompt payment and performance of all their respective any such obligations hereunderby any of its Affiliates.

Appears in 2 contracts

Sources: Commercial Manufacturing Agreement (ChemoCentryx, Inc.), Validation and Manufacturing Agreement (Achaogen Inc)

Performance by Affiliates. Either Each Party may use one perform some or more all of its Affiliates obligations, and/or exercise some or all of its rights, under the Agreement through its Affiliates. To the extent a Party desires to use an Affiliate to perform some of its obligations and duties hereunder and Affiliates of a under this Agreement, such Party are expressly granted certain rights herein; provided shall require that each such performance by such Affiliate shall be bound by in compliance with the corresponding obligations of applicable terms and conditions under this Agreement that would be applicable were such Party and the Parties shall remain liable hereunder for the prompt payment and performance of all their respective to perform such obligations hereunderdirectly.

Appears in 2 contracts

Sources: Collaboration Agreement (Hyperion Therapeutics Inc), Collaboration Agreement (Medicis Pharmaceutical Corp)

Performance by Affiliates. Either Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a such Party are expressly granted certain rights herein; provided that each such Affiliate shall will be bound by the corresponding obligations of such Party and the Parties shall and, subject to an assignment to such Affiliate pursuant to Section 12.3 (Assignment), each Party will remain liable hereunder for the prompt payment and performance of all their its Affiliates’ respective obligations hereunder.

Appears in 1 contract

Sources: Collaboration, License and Option Agreement (Xilio Therapeutics, Inc.)

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and the Parties provided further that such Party, subject to an assignment to such Affiliate pursuant to Section 12.9, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Appears in 1 contract

Sources: Collaboration and License Agreement (Ionis Pharmaceuticals Inc)

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and the Parties provided further that such Party, subject to an - 44 - assignment to such Affiliate pursuant to Section 14.9, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Appears in 1 contract

Sources: License Agreement (VYNE Therapeutics Inc.)

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and provided further that the Parties assigning Party, subject to an assignment to such Affiliate pursuant to Section 15.3, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Appears in 1 contract

Sources: Discovery Collaboration and License Agreement (BICYCLE THERAPEUTICS PLC)

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and the Parties provided further that such Party, subject to an assignment to such Affiliate pursuant to Section 14.9, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Appears in 1 contract

Sources: License Agreement (VYNE Therapeutics Inc.)

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform carry out its obligations and duties hereunder hereunder, and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties relevant Party shall remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Appears in 1 contract

Sources: Research Collaboration and License Agreement (Dynamics Special Purpose Corp.)

Performance by Affiliates. Either Party may use exercise its rights and perform its obligations under this Agreement directly or through one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights hereinAffiliates; provided provided, however that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties shall remain liable hereunder will be responsible for the prompt payment and performance acts or omissions of all their respective obligations hereunderits Affiliates as if such Party were itself exercising such rights or performing such obligations.

Appears in 1 contract

Sources: Development Collaboration Agreement (iRhythm Technologies, Inc.)

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder hereunder, and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate of a Party shall be bound by the corresponding obligations of such Party and the Parties such Party shall remain liable hereunder for the prompt payment and or performance of all their respective its obligations hereunder, as applicable.

Appears in 1 contract

Sources: Nonexclusive License and Development Agreement (Gritstone Bio, Inc.)

Performance by Affiliates. Either Each Party may use one (1) or more of its Affiliates to perform its obligations and duties hereunder and such Affiliates of a Party are expressly granted certain rights hereinherein to perform such obligations and duties; provided that each Party shall procure that each such Affiliate shall be bound by the corresponding obligations of such Party Party; and provided further that the Parties assigning Party, subject to an assignment to such Affiliate pursuant to Clause 13.3, shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Appears in 1 contract

Sources: Collaboration and License Agreement (BICYCLE THERAPEUTICS PLC)

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; provided that each such Affiliate shall will be bound by the corresponding obligations of such Party and the Parties shall will remain liable hereunder for the prompt payment and performance of all their respective obligations hereunder.

Appears in 1 contract

Sources: License and Collaboration Agreement (Agenus Inc)

Performance by Affiliates. Either Party may use one or more of its Affiliates to perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain exercise its rights hereinhereunder; provided that each Party shall cause such Affiliate shall be bound by of its Affiliates to comply with the corresponding obligations provisions of this Agreement in connection with such Party performance or exercise and the Parties shall remain liable hereunder for the prompt payment and performance of all their respective of its obligations hereunder.

Appears in 1 contract

Sources: Product Purchase Agreement (Sol-Gel Technologies Ltd.)

Performance by Affiliates. Either Party may use one or more of its Affiliates Affiliate to exercise its rights and perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; hereunder, provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties shall remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Appears in 1 contract

Sources: License Agreement (Erasca, Inc.)

Performance by Affiliates. Either Party may use one or more of its Affiliates to exercise its rights and perform its obligations and duties hereunder and Affiliates of a Party are expressly granted certain rights herein; hereunder, provided that each such Affiliate shall be bound by the corresponding obligations of such Party and the Parties shall will remain liable hereunder for the prompt payment and performance of all their respective its obligations hereunder.

Appears in 1 contract

Sources: Technology Transfer and Exclusive License Agreement (Climb Bio, Inc.)