Product Improvements Sample Clauses

Product Improvements. Intercardia/CPEC grants ▇▇▇▇▇, the exclusive right in the Territory to bucindolol product improvements (e.g., sustained release formulation, improved or new indications, formulations and strengths), contingent upon ▇▇▇▇▇ reimbursing Intercardia/CPEC for 60% of costs relating to clinical trials and other tests conducted primarily for benefit of the Territory and 1/3 of all other development costs which have a worldwide benefit, including any previous product improvement development costs incurred by Intercardia/CPEC. For example, with respect to costs relating to clinical trials and other tests conducted and incurred primarily for the benefit of the Territory, ▇▇▇▇▇ would reimburse Intercardia/CPEC for 60% of such costs incurred by Intercardia/CPEC, and Intercardia/CPEC would reimburse ▇▇▇▇▇ for 40% of costs incurred by ▇▇▇▇▇. Where the benefits of the trials and costs are worldwide, ▇▇▇▇▇ would pay 1/3 of such trials and costs incurred by Intercardia/CPEC and Intercardia/CPEC would reimburse ▇▇▇▇▇ for 2/3 of costs incurred by ▇▇▇▇▇. However, ▇▇▇▇▇ would not reimburse Intercardia/CPEC for any costs where the trials and costs were conducted and incurred exclusively for the benefit of the United States. The overall development of product improvements will be conducted and controlled by Intercardia/CPEC. ▇▇▇▇▇ will reimburse CPEC for one third of previous sustained release development costs (which presently total $418,000.00) upon signing this Agreement, and ▇▇▇▇▇ will pay its share of future costs on a quarterly basis. In case ▇▇▇▇▇ has no interest in an improvement, Intercardia/CPEC shall have no right to market such improved product in the Territory during the term of this Agreement unless hereinafter provided otherwise. [ [ ] CONFIDENTIAL TREATMENT REQUESTED; CERTAIN INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC. ] Intercardia/CPEC and ▇▇▇▇▇ shall mutually agree to any other line extensions to be included under the License Agreement, if any.

Product Improvements. 3.6 FCA US acknowledges that the Customer Service Notifications it has implemented to remedy the Oil Consumption Defect, including specifically CSN W20, CSN W80, and CSN W84, represent part of the consideration to the Class in exchange for the Settlement in this Action. 3.7 All Class Members who are current owners or lessees of a Class Vehicle subject to CSN W20 and CSN W84 are entitled to bring their vehicle to any authorized FCA US dealership to have the Powertrain Control Module (PCM) or PCM and Transmission Control Module (TCM) reprogrammed to repair any Oil Consumption Defect that may exist in their Class Vehicle. 3.8 All Class Members who are current owners or lessees of Class Vehicles subject to CSN W80 may have an oil consumption test performed, free of charge, by any authorized FCA US dealership. If the Class Vehicle fails the oil consumption test, the Class Member is entitled to have an authorized FCA US dealership replace the vehicle’s engine long block pursuant to CSN W80 at no cost to the Class Member.

Product Improvements. Leica, at its sole discretion, may issue, routinely without schedule or commitment, Software Updates, Software Upgrades and Hardware Upgrades. Certain Software Upgrades and Hardware Upgrades may require Customer to purchase additional equipment or hardware.

Product Improvements. Boule shall notify Heska in writing of any improvements to Product developed by Boule useful for veterinary applications. Subject always to mutual agreement and available resources in each separate case, Boule further agrees to support on-going Product development activities with Heska.

Product Improvements. The Licensor specifically reserves the right to make Upgrades (corrections or alterations for improvement or enhancement) to the MicroCosm® NavMsg Software. In the event the Licensor makes any Upgrades, the Licensee will have the right to obtain such Upgrades at the Licensor's standard prices then in effect for such Upgrades; provided, however, that if the Licensee wishes to purchase a particular Upgrade, the Licensee must purchase all Upgrades previously issued by the Licensor but not installed on the Licensee's copy of the MicroCosm® NavMsg Software; provided, further, that all such Upgrades which become available in a period for which the Licensee has purchased the Licensor's Annual Upgrade Maintenance Program (the "Maintenance Program") shall be provided to the Licensee at no additional charge; and, provided, further, that in the event the Licensee does not purchase the Maintenance Program for any period of time but then wishes to purchase the Maintenance Program, in addition to paying the fee for the Maintenance Program the Licensee must purchase all Upgrades issued prior to that time but not installed on the Licensee's copy of the MicroCosm® NavMsg Software. A prototype Certificate of Upgrade Maintenance is included as Attachment 2. Nothing contained in this License Agreement shall require the Licensor to make any Upgrades under any circumstances.

Product Improvements. KIOTI reserves the right to make changes to its products at any time without notice and without incurring obligations with respect to making the same changes to products manufactured prior to this date of change.

Product Improvements. If, while the Sublicense remains in effect, Sublicensee should develop any Product Improvement, Sublicensee shall notify ECC of such Product Improvement within a reasonable time of, and in no event more than ninety (90) days after, its development and shall provide ECC with access to all information concerning such Product Improvement as ECC shall reasonably request; provided, however, that all such information shall be confidential and shall be subject to all restrictions on disclosure as set forth in this Agreement. Sublicensee shall assign to ECC all rights, title and interest in the Product Improvement for an assignment fee of $1,000.00, and ECC shall grant back to Sublicensee the non-exclusive right to utilize the Product Improvement within the Field of Use and within the Territory as if such Product Improvement were originally within the scope of the Sublicense. There shall be no royalty charged to Sublicensee for the right to utilize the Product Improvement. For a period of (i) one year from the date of commercialization of such Product Improvement, or (ii) two years from the date of the development of such Product Improvement, whichever is shorter, ECC shall not grant any right to utilize the Product Improvement within the Field of Use to any third party within the Territory. The failure of Sublicensee to disclose any such Product Improvement to ECC within the time period set forth above shall constitute a material breach of this Agreement.

Product Improvements. Supplier will promptly advise Google of any Improvement in Supplier’s Technology related to the Products. “Improvement” means, without limitation, additional features, lower power consumption, higher speed, higher levels of integration, and shorter manufacturing time. At Google’s request, Supplier will discuss with Google the timeline and effect of incorporating an improved Technology in any Product.

Product Improvements. 12.1 For purposes of this Section, "Assay Improvement Invention" shall mean any invention conceived or reduced to practice by Buyer or its Affiliates during the Term using Affymetrix Probe Arrays that relates to manual or automated assay techniques that may be used in connection with Probe Arrays or similar products, but only insofar as such techniques are used for and after nucleic acid extraction and up to and including annealing and washing hybridization mixtures with a Probe Array, but not to techniques used thereafter. 12.2 For purposes of this Section, "Product Improvement Invention" shall mean any invention conceived or reduced to practice by Buyer or its Affiliates during or after the Term using Affymetrix Probe Arrays supplied to Buyer or its Affiliates during the Term that relates to (a) design, manufacturing, layout or packaging of nucleic acid probes or probe arrays; or (b) software techniques relating to the extraction or storage of data generated using Probe Arrays after samples have been annealed to the Probe Arrays (e.g., techniques used in generation of *.cel and *.dat files), but not including any techniques used thereafter (e.g., software techniques for analysis or other processing of data beyond what is required for generation of *.cel and *.dat files). Product Improvement Inventions also shall not (1) include data generated using Probe Arrays or discoveries derived therefrom (except as expressly set forth in (a) and (b) above} or (2) any Assay Improvement Invention, as defined herein. Neither Product Improvement Inventions nor Assay Improvement Inventions shall include (3) Target Sequences identified by Buyer as hereinafter described or (4) any discoveries or inventions made using data obtained from use of the Affymetrix Probe Arrays, including but not limited to, discoveries or inventions relating to identification of markers used in biological, toxicological and clinical applications, correlations between nucleic acid sequences and functions, targets for drug discovery and development and processes for determining and understanding toxicity. For clarification, such markers include without limitation, those derived from analysis of gene expression and genotyping data generated from Probe Arrays. 12.3 As used herein an invention conceived or reduced to practice "using Affymetrix Probe Arrays" means an invention that was actually made using such arrays. 12.4 For purposes of this Agreement, "Affymetrix Probe Array(s)" shall mean Probe Ar...