Common use of Termination Effective Date Clause in Contracts

Termination Effective Date. If HMR terminates this Agreement pursuant to this Section 9.2, the Parties shall continue to perform their obligations under this Agreement pending the winding down of operations on the Termination Effective Date (other than with respect to the European Rights as provided in this Section 9.2). Upon the Termination Effective Date: [*#*]CONFIDENTIAL TREATMENT REQUESTED (a) all licenses and rights of Myogen to HMR Patents and HMR Know- how hereunder shall terminate in their entirety with respect to Enoximone and Product except with respect to the European Rights as provided in this Section 9.2; (b) all HMR Confidential Information and HMR Data shall be returned to HMR (except with respect to the European Rights as provided in this Section 9.2), except Myogen may retain one copy of such information solely for legal archive purposes; (c) Myogen shall transfer to HMR all INDs, Drug Approval Applications and Regulatory Approvals related to Enoximone and Product(s) and shall take such other actions and execute such other instruments, assignments and documents as may be necessary to effect the transfer of such rights hereunder to HMR (except with respect to the European Rights as provided in this Section 9.2); and (d) all Confidential Information of Myogen, excluding that information transferred pursuant to Article 9.2 (c) above, shall be promptly destroyed by HMR and HMR shall certify to Myogen such destruction, except HMR may retain one copy of such information solely for legal archive purposes. (e) Myogen shall return to HMR or destroy, at HMR's discretion, any unused Enoximone obtained from HMR pursuant to Article 3.7 at its own expense provided, however, that in the event Myogen retains the European Rights, as provided in this Section 9.2, Myogen shall not be obligated to return any unused Enoximone.

Termination Effective Date. If HMR terminates this Agreement pursuant to this Section 9.2, the Parties shall continue to perform their obligations under this Agreement pending the winding down of operations on the Termination Effective Date (other than with respect to the European Rights as provided in this Section 9.2). Upon the Termination Effective Date: [*#*]CONFIDENTIAL TREATMENT REQUESTED (a) all licenses and rights of Myogen to HMR Patents and HMR Know- how hereunder shall terminate in their entirety with respect to Enoximone and Product except with respect to the European Rights as provided in this Section 9.2; (b) all HMR Confidential Information and HMR Data shall be returned to HMR (except with respect to the European Rights as provided in this Section 9.2), except Myogen may retain one copy of such information solely for legal archive purposes; (c) Myogen shall transfer to HMR all INDs, Drug Approval Applications and Regulatory Approvals related to Enoximone and Product(s) and shall take such other actions and execute such other instruments, assignments and documents as may be necessary to effect the transfer of such rights hereunder to HMR (except with respect to the European Rights as provided in this Section 9.2); and (d) all Confidential Information of Myogen, excluding that information transferred pursuant to Article 9.2 (c) above, shall be promptly destroyed by HMR and HMR shall certify to Myogen such destruction, except HMR may retain one copy of such information solely for legal archive purposes. (e) Myogen shall return to HMR or destroy, at HMR's discretion, any unused Enoximone obtained from HMR pursuant to Article 3.7 at its own expense [*#*] provided, however, that in the event Myogen retains the European Rights, as provided in this Section 9.2, Myogen shall not be obligated to return any unused Enoximone.