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Saturday, 05/29/2021 9:55:12 PM

Saturday, May 29, 2021 9:55:12 PM

Post# of 702124
According to this section in the CDMO contract between NWBio and Cognate Bioservices, dated January 17, 2014, the contract will not expire until 5 years after the BLA or MAA for DCVax-L is approved. Also, the NWBio / Cognate agreement says that all of the provisions in the contract, will be binding on any “Successors and Assigns” (Charles River Laboratories).

Do any of the Lawyers on this message board have a different interpretation of these provisions?

https://fintel.io/doc/sec-northwest-biotherapeutics-inc-1072379-ex1040-2014-may-15-18761-441

SECTION 6: TERM AND TERMINATION

6.1 Term

This Agreement will remain in force until the later of seven (7) years from the Effective Date (the ?Term?) or five (5) years after the first commercial sales of DCVax?-L Products pursuant to a Biologics License Application or marketing authorization (not a compassionate use, hospital exemption or similar authorization), unless terminated earlier pursuant to Section 6.2.


8.8 Successors and Assigns

Except as otherwise expressly provided herein, the provisions hereof will be binding upon, and inure to the benefit of the respective successors, assigns, heirs, executors and administrators of the parties hereto. Neither party hereto may transfer all or any portion of its rights under this Agreement to a third party other than an affiliate without the prior written consent of the other party hereto.

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