Example ContractsClausesSurvival in All Cases
Survival in All Cases
Survival in All Cases contract clause examples

Survival in All Cases. Termination of this Agreement shall be without prejudice to or limitation on any other remedies available to nor any accrued obligations of either Party. In addition, [Sections 2.3] (Reports; Records), 2.4 (Use of [[Adimab:Organization]] Materials), 2.5 (Use of iTeos Materials), 2.6 (Certain Restrictions on the Use of Antibodies), 3.4 (No Implied Licenses), 3.5 (Covenant Not to Exceed License), 4.6 (Quarterly Payment Timings) through 4.14 (Late Payments) (with respect to payment obligations outstanding or having accrued as the effective date of termination or expiration), 5.1 (Ownership and Inventorship), 5.2 (Implementation), 5.4 (Program Patent Prosecution and Maintenance), 5.5 (Cooperation of the Parties), and 7.3 (Disclaimer of Warranties), and Articles 1 (Definitions), 6 (Confidentiality; Publicity), 8 (Indemnification), 9 (Term) and 10 (Miscellaneous) shall survive any expiration or termination of this Agreement.

[[Borrower:Organization]] is one of several defendants in lawsuits filed in two states in which the plaintiffs claim they suffered a variety of illnesses (including cancer) as a result of exposure to coal tar pitch sold by the defendants. There are 87 plaintiffs in 48 cases pending as of December 31, 2017 compared to 99 plaintiffs in 55 cases as of December 31, 2016. As of December 31, 2017, there are 47 cases pending in state court in Pennsylvania, and 1 case pending in state court in Tennessee.

All Advances. On or prior to each Advance Date:

Survival in All Cases. Termination of this Agreement will be without prejudice to or limitation on any other remedies available to nor any accrued obligations of either Party. In addition, Sections 7.6(b), Sections 9.6(c)–9.8 Article 10, Article 11, Sections 12.3–12.4, Sections 13.4–13.5, Article 14 and Sections 15.1, 15.4, 15.7 and 15.10, together with related definitions, will survive any expiration or termination of this Agreement.

All-In Rate. Notwithstanding any terms in this Agreement to the contrary, if at any time the interest rate applicable to any Obligations is less than zero percent (0.0%), such interest rate shall be deemed to be zero percent (0.0%) for all purposes of this Agreement.

All-In Rate. Notwithstanding any terms in this Agreement to the contrary, if at any time the interest rate applicable to any Obligations is less than zero percent (0.0%), such interest rate shall be deemed to be zero percent (0.0%) for all purposes of this Agreement.

Survival in All Cases. Termination or expiration of this Agreement will be without prejudice to or limitation on any other remedies available to nor any accrued obligations of either Party. In addition, ARTICLE 1, ARTICLE 8, ARTICLE 9, ARTICLE 12, ARTICLE 13 and [Sections 2.4, 7.1, 7.5(e), 10.3, 10.4, 10.5, 11.4(g)])])])])] (upon expiration, but not upon termination), 11.5(e) (upon expiration, but not upon termination), 11.8, 14.1, 14.2, 14.5, 14.7 will survive any expiration or termination of this Agreement.

All-In Rate. Notwithstanding any terms in this Agreement to the contrary, if at any time the interest rate applicable to any Obligations is less than zero percent (0.0%), such interest rate shall be deemed to be zero percent (0.0%) for all purposes of this Agreement.

In 2015, there were approximately 27,000 new cases of multiple myeloma diagnosed in the US making it the second most prevalent blood cancer. The five-year survival rate for multiple myeloma is 45% and the median survival is approximately 4 years.

Survival in All Cases. Termination of this Agreement will be without prejudice to or limitation on any other remedies available to nor any accrued obligations of either Party. In addition, Section 2.4 ([[Adimab:Organization]] Materials), Section 2.5 ([[Alector:Organization]] Materials), Section 2.6 (Certain Restrictions on the Use of Naïve Libraries and Antibodies), [Section 3.5] (No Implied Licenses), Section 4.6 (Quarterly Payment Timings) through [Section 4.15] (Late Payments) (with respect to payment obligations outstanding or having accrued with respect to milestone events achieved or sales made as the effective date of termination or expiration), Section 5.1 (Ownership and Inventorship), Section 5.2 (Assignment), Section 5.4 (Program Patent Prosecution and Maintenance), [Section 5.5] (Cooperation of the Parties), [Section 7.3] (Disclaimer of Warranties), [Section 9.1] (Consequences of Expiration of the Term) (last sentence only), [Section 9.4] (Commitments Regarding Program-Benefited Antibodies) (provided, however, that [Section 9.4(d)] (Payment Commitment for Optioned Antibodies) shall survive only with respect to amounts accrued prior to expiration of termination of this Agreement), [Section 9.5] (Survival in All Cases), [Section 9.6] (Return of [[Adimab:Organization]] Materials), and [Section 9.7] (Survival of License Agreements) and Article 1 (Definitions), Article 6 (Confidentiality; Publicity), Article 8 (Indemnification), and Article 10 (Miscellaneous) will survive any expiration or termination of this Agreement.

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