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Title: |
License Agreement |
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Entities: |
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Date: |
2004 |
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Size: |
15KB total |
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Price: |
$41 |
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ID: |
#327760 |
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LICENSE AGREEMENT
THIS AGREEMENT made and effective as of the date of last signing (herein the Effective Date) by and between SYNTHETIC BLOOD INTERNATIONAL, INC., hating a principal place of business at 3189 Airway Avenue, Building C, Costa Mesa, CA 92626 (hereinafter Company), and CHILDRENS HOSPITAL RESEARCH FOUNDATION an operating, division of Childrens Hospital Medical Center (hereinafter CHRF), having a principal place of business at 3333 Burnet Avenue, Cincinnati, Ohio 45229-3039, TJSA.
INTRODUCTION
| 1. | WHEREAS, CHRF has developed and is continuing research in the area of Technology, as defined in Article 1.1 of this Agreement, and |
| 2. | WHEREAS, Company desires to obtain certain rights in and to the Technology; and |
| 3. | WHEREAS, Company has represented to CHRF, to induce CHRF to enter into this Agreement, that Company has the desire, expertise and knowledge to develop, produce, market and sell Products and/or to us Processes and that it shall commit itself to a thorough, vigorous and diligent program of exploratory the Technology such that public utilization shall result therefrom; and |
| 4. | WHEREAS, Company and CHRF mutually desire to formalize an agreement which delineates their respective rights and obligations with respect to the Technology, and |
| 5. | WHEREAS, CHRF is the lawful owner of the Technology and Know-how and has the right to grant the license as provided herein. |
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement and other good and valuable consideration, CHRF and Company agree as follows:
ARTICLE 1 - DEFINITIONS
In the terms defined and used herein, the singular shall include the plural and vice versa. Terms in this Agreement (other than names of parties and Article headings) which we set forth in upper case letters have the meanings established for such terms in the succeeding paragraphs of this Article 1.
| 1.1 | Affiliate mans any company, corporation of business which is at least fifty percent owned or controlled by Company, or which owns or controls at least fifty percent of Company, or which together with Company is commonly owned or controlled by a third party who owns or controls at least fifty percent of each |
| 1.2 | Effective Date of this Agreement means the date of last signing. |
| 1.3 | Field means the continuous monitoring of blood glucose levels iii diabetes. |
| 1.4 | Government means the United States Government. |
| 1.5 | Know-how means the data and information embodied in the Technology. |
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