WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED Clause Samples

WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Notwithstanding the warranties contained in Clause 9.1, nothing in this Agreement shall constitute any representation or warranty by the University that the Initial Patent Applications shall proceed to grant or, if granted, the Licenced Patent Rights shall be valid, or that use and exploitation of the Licenced Patent Rights and the Licenced Know-how or the exercise of the Company’s rights under this Agreement will not infringe the rights of any third party, or that any Licenced Patent Rights are relevant to the Licenced Products.

WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. If a Milestone Event is achieved prior to the achievement of any preceding Milestone Event(s), the Milestone Payments in respect of all such preceding Milestone Events shall become due. The Milestone Payments relating to Net Sales shall be payable only once for the first occurrence of the specified Milestone Event, regardless of the number of Licenced Products that achieve such Milestone Payments as specified in Part 2 of the Schedule. Other Milestone Payments may be triggered by a second or further Licenced Product in respect of an Indication, unless such Milestone Event has already been triggered by a preceding Licenced Product in that same Indication. Each Milestone Payment is distinct, and each is payable in addition to, and not instead of, any of other applicable Milestone Payment. The Company will notify the University within [***] after the Company and/or its Affiliates and/or Sub-Licencees becomes aware of the achievement of the Milestone Event for which a payment to the University is required and University shall send the Company an invoice for same. Each Milestone Payment shall be due with [***] of the date of the respective invoice.

WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. The captions or headings of the Clauses or other subdivisions hereof are inserted only as a matter of convenience or for reference and shall have no effect on the meaning of the provisions hereof.

WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. References to statutory provisions shall include the same as amended or re-enacted from time to time, whether before or after the date hereof.

WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. The Parties by their authorized representatives execute this Agreement as of the Effective Date.

WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Manufacture and supply MTPC with Product for use in MTPC’s Development activities at a price equal to [***]. The Supply Agreement will contain terms as set forth in this Article 6 and as otherwise consistent with those of this Agreement. The Supply Agreement will further set forth the terms including but not limited to the transfer of Viela Know-How necessary or useful for MTPC’s Final Manufacture of the Product in the Territory.

WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Second Amendment to Master Supply Agreement Amendment

WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. COLLABORATION AND LICENSE AGREEMENT

WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED. Oncorus may grant multiple sub-licenses under the Patent Rights in the Field and in the Territory, provided that the terms of this Agreement are incorporated within and made binding on any sub-licensees, save that subject to Section 5.2, nothing shall restrict Oncorus with respect to the amount of any milestone or other payments levied on its sub-licensees.