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6.6 Reductions
6.7 Third Party Payments; Patent Costs
6.8 Minimum Payment
6.9 Royalty Payments and Reports
6.10 Mode of Payment
6.11 Interest on Late Payments
6.12 Withholding Taxes
6.13 Indirect Taxes
6.14 Financial Records
6.15 Audit
6.16 Audit Dispute
6.17 Confidentiality
6.18 No Other Compensation
6.19 No Limitation
ARTICLE 7 INTELLECTUAL PROPERTY
7.1 Ownership of Intellectual Property
7.2 Maintenance and Prosecution of Patents
7.3 Enforcement of Patents
7.4 Infringement Claims by Third Parties
7.5 Invalidity or Unenforceability Defenses or Actions
7.6 Third Party Licenses and Patents
7.7 Product Trademarks
7.8 Inventor's Remuneration
ARTICLE 8 DATA PRIVACY
8.1 Data Privacy and Security
ARTICLE 9 Confidentiality AND Non-Disclosure
9.1 Product Information
9.2 Confidentiality Obligation
9.3 Permitted Disclosures
9.4 Use of Name
9.5 Public Announcements
9.6 Publications
9.7 Return of Confidential Information
9.8 Survival
ARTICLE 10 REPRESENTATIONS, Warranties AND COVENANTS
10.1 Mutual Representations and Warranties
10.2 Additional Representations, Warranties and Covenants of OSE
10.3 DISCLAIMER OF WARRANTIES
10.4 Anti-Bribery and Anti-Corruption Compliance
ARTICLE 11 Indemnity
11.1 Indemnification of OSE
11.2 Indemnification of AbbVie
11.3 Notice of Claim
11.4 Control of Defense
11.5 Special, Indirect, and Other Losses
11.6 Insurance
ARTICLE 12 Term and Termination
12.1 HSR and Other Governmental Filings
12.2 Term
12.3 Termination
12.4 Rights in Bankruptcy
12.5 Modification In Lieu of Termination
12.6 Termination in Entirety
12.7 Termination of Terminated Territory
12.8 Grantback Transition Agreement
12.9 Remedies
12.10 Accrued Rights; Surviving Obligations
ARTICLE 13 Miscellaneous
13.1 Force Majeure
13.2 Change in Control of OSE
13.3 Export Control
13.4 Assignment
13.5 Severability
13.6 Offsets
13.7 Governing Law, Jurisdiction, and Service
13.8 Dispute Resolution
13.9 Notices
13.10 Entire Agreement; Amendments
13.11 English Language
13.12 Equitable Relief
13.13 Waiver and Non-Exclusion of Remedies
13.14 No Benefit to Third Parties
13.15 Further Assurance
13.16 Relationship of the Parties
13.17 Performance by Affiliates
13.18 Counterparts; Facsimile Execution
13.19 References
13.20 Schedules
13.21 Construction
SCHEDULES
Schedule 1.29 CMO Supply Agreements
Schedule 1.151 Transition Development Plan
Schedule 10.2.1 Existing Patents
Schedule 10.2.10 Third Party Agreements
Schedule 10.2.14 OSE Publications
Schedule 13.8.3 ADR Procedures
EXCLUSIVE LICENSE AND COLLABORATION AGREEMENT
This Exclusive License and License Agreement (the "Agreement") is made and entered into on February 27, 2024 (the "Execution Date") by and between OSE Immunotherapeutics SA, a corporation organized under the laws of France, having a place of business at 22 boulevard Benoni-Goullin 44200 Nantes, France ("OSE"), and Alle...
RECITALS
WHEREAS, OSE Controls (as defined herein) certain intellectual property rights with respect to the Licensed Antibodies (as defined herein) and Licensed Products (as defined herein) in the Territory (as defined herein); and
WHEREAS, OSE wishes to grant, and AbbVie wishes to take, a license under such intellectual property rights to Exploit the Licensed Antibodies and Licensed Products in the Territory, in accordance with the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows:
ARTICLE 1 DEFINITIONS
Unless otherwise specifically provided herein, the following terms shall have the following meanings:
1.1 "AbbVie" has the meaning set forth in the preamble hereto.
1.2 "AbbVie Indemnitees" has the meaning set forth in Section 11.2.
1.3 "Accounting Standards" means, with respect to a Party, that such Party shall maintain records and books of accounts in accordance with (a) United States Generally Accepted Accounting Principles or (b) International Financial Reporting Standards as issued by the International Accounting Standards Board, as applicabl...
1.4 "Acquiror" means the "person," "group," Person and Third Party referenced in Section 1.27 as well as its Affiliates other than OSE and the Affiliates controlled by OSE (as defined in Section 1.7 below).
1.5 "Acquisition" means, with respect to a Party, a merger, acquisition (whether all of the stock or all or substantially all of the assets of a Person or any operating or business division of a Person) or similar transaction by or with the Party (or any controlling Affiliate), other than a Change in Control of the Par...
1.6 "ADR" has the meaning set forth in Section 13.8.1.