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SEC Filings

S-1/A
OREXIGEN THERAPEUTICS, INC. filed this Form S-1/A on 04/09/2007
Entire Document
 
 

  (c)   DANTE shall be indemnified and held harmless by OREXIGEN, from and against any CLAIMS relating to or arising from NAGLE LITIGATION; provided, however, the extent to which OREXIGEN shall be required to so indemnify shall be reduced by any payments (the “DANTE ROYALTY PAYMENTS”) made to DANTE under Section 3.01 (other than Sections 3.01(a) or 3.01(f)). The payment of any NAGLE EXPENSES by OREXIGEN shall not be reduced by any DANTE ROYALTY PAYMENTS. OREXIGEN shall not be required to so indemnify DANTE under this Section 3.01 to the extent the CLAIMS in connection with the NAGLE LITIGATION arise out of, or are attributable to, fraud or material and intentional misrepresentation on the part of DANTE.
 
  (d)   OREXIGEN and its appertaining SUBLICENSEES shall be indemnified and held harmless by DANTE from and against any CLAIMS (excluding NAGE EXPENSES) relating to or arising from NAGLE LITIGATION; provided, however, that such indemnification shall be limited to the total amount of DANTE ROYALTY PAYMENTS made during the term of this AGREEMENT.
  14.05   Neither party hereto is an agent of the other party for any purpose whatsoever.
ARTICLE 15 – USE OF A PARTY’S NAME
  15.01   Neither party will, without the prior written consent of the other party:
  (a)   use in any publication, advertising, publicity, press release, promotional activity or otherwise, any trade-name, personal name, trademark, trade device, service mark, symbol, image, icon, or any abbreviation, contraction or simulation thereof owned by the other party; or
 
  (b)   represent, either directly or indirectly, that any product or service of the other party is a product or service of the representing party or that it is made in accordance with or utilizes the information or documents of the other party.
ARTICLE 16 – SEVERANCE AND WAIVER
  16.01   Each clause of this AGREEMENT is a distinct and severable clause and if any clause is deemed illegal, void or unenforceable, the validity, legality or enforceability of any other clause or portion of this AGREEMENT will not be affected thereby.
 
  16.02   The failure of a party in any instance to insist upon the strict performance of the terms of this AGREEMENT will not be construed to be a waiver or relinquishment of any of the terms of this AGREEMENT, either at the time of the party’s failure to insist upon strict performance or at any time in the future, and such terms will continue in full force and effect.

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