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DOCUMENT TITLE:
TRADEMARK LICENSE AGREEMENT
.
ACTIONS:
Here are the clause headings in the document. To view the clause, click the clause heading.To view the full document, click the "View Document" button.
Clause Heading
2.1 - Conditions Precedent.
3.1 - Licensed Trademarks.
3.2 - Sub-Licenses.
3.3 - Co-Promoting.
4.1 - Events.
4.2 - Payment Terms.
5.1 - Rates.
5.2 - Significant Generic Competition.
5.3 - Combination Products.
6.1 - Timing.
6.2 - Statement.
7.1 - Trademark Milestone Notification.
7.2 - Accounting.
7.3 - Running Royalties Reporting.
7.4 - Late Payment Interest.
8.1 - Payments.
8.2 - Withholding Taxes.
8.3 - Audits.
8.4 - Amicable Settlement.
8.5 - CNRS Rights.
9.1 - Undertakings.
9.2 - Branding.
9.3 - Prior Approval.
9.4 - License Disclosure.
10.1 - Commercialization.
11.1 - Registration.
11.2 - Filing Information.
11.3 - Cooperation.
12.1 - Suing Rights.
12.2 - Mutual Information.
13.1 - Third Party Claims.
13.2 - Cost Sharing.
13.3 - Orders and Injunctions.
14.1 - ImmuPharma Technical Information.
14.2 - Anesta Technical Information.
14.3 - Survival and Applicability.
15.1 - This Agreement.
15.2 - Press Releases.
15.3 - Listing and other Required Publicity.
15.4 - Recordation of Licensed Trademarks.
16.1 - Representations and Warranties.
(B) - ImmuPharma Switzerland is not insolvent;
17.1 - Representations and Warranties.
18.1 - By ImmuPharma Switzerland.
18.2 - By Anesta.
18.3 - Notifications.
18.4 - Assistance.
18.5 - Joint Liability.
19 - Insurance
20.1 - EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW:
(A) - IMMUPHARMA SWITZERLAND MAKES NO WARRANTY OR REPRESENTATION AS TO THE SCOPE OF THE LICENSED TRADEMARKS;
21.1 - Ordinary Termination.
21.2 - Consequences of Ordinary Termination.
21.3 - Survival Upon Ordinary Termination.
(A) - This Agreement.
22.1 - Specific Performance.
22.2 - Breach.
22.3 - Extraordinary Termination of Development and Commercialization Agreement.
22.4 - Cross Breach Under Parent Guarantee Agreement.
22.5 - Insolvency or Bankruptcy.
(A) - Anesta.
(B) - ImmuPharma.
22.7 - General Extraordinary Termination Right of Anesta.
22.8 - Written Termination Agreement.
22.9 - Ordinary Termination of Development and Commercialization Agreement.
23.1 - Existing Obligations.
24.1 - Early Termination by ImmuPharma.
24.2 - Early Termination Due to Ordinary Termination of Development and Commercialization Agreement.
24.3 - Early Termination by Anesta.
24.4 - Survival Upon Extraordinary Termination.
24.5 - Marketing.
25.1 - Non-Assignability.
25.2 - Exception.
26.1 - Affiliates, Sub-Licensees and Third Parties.
26.2 - Liability.
27.1 - Development and Commercialization Agreement.
28.1 - Applicability.
28.2 - Amicable Settlement.
28.3 - Mediation.
28.4 - Mediation Notice.
28.5 - Arbitration.
28.6 - Injunctive Relief.
29.1 - No Limitations.
29.2 - Enforcement.
30 - General Assurances
31 - Severability
32 - Entire Agreement
33 - Titles and Headings
34 - Costs of Preparation
35 - Notices
36 - Force Majeure
37 - No Agency, Partnership or Joint Venture
38 - Benefit to Third Parties
39 - Governing Law