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kabunushi

12/30/21 8:59 AM

#430704 RE: antihama #430686

NWBO paid for all the process and QA docs to be written so of course, NWBO owns all those documents should they ever want to give Advent notice that they will replace them as operator of the facility.
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biosectinvestor

12/30/21 11:40 AM

#430784 RE: antihama #430686

No one would not own all the IP in this instance Antihama and if they did not, in their own factory, under contract, that would be gross incompetence and it would need to be disclosed up front that they had ceded ownership of core IP to another firm. They own it all. And when they or their buyer takes over they have numerous options, but the options are theirs to exercise. Contracts survive mergers typically, and very infrequently do not for very particular reasons, such as if a very low asset, low quality company buys them and there are credit risk issues for the other parties. Such clauses are only typical for very particular financing related agreements, not service providers.

The contract with Cognate which this likely continued and extended with modification for costs because of it being in NWBO’s own factory, provides for termination by either party and a smooth transition to whomever will take up manufacturing, including NWBO. That period is for the licensing of that party and the smooth transition.

There is no case that I can imagine where critical details are not owned by NWBO and most likely if that occurs it will be after NWBO has implemented Flaskworks, which is 100% theirs.

All things Advent does at this factory are ON BEHALF of NWBO, or with license provided via contract. They are agents with regard to anything they do to maintain the facility which has been created and licensed, by contract, primarily to manufacture DCVax. Anything else manufactured is ancillary… not core to the purposes of the factory. They may have procedures for those things that may not need to involve NWBO, and they likely take those details with them if they go, at some point.