ISIS » Topics » Notwithstanding

This excerpt taken from the ISIS 10-Q filed Aug 9, 2007.
Notwithstanding the foregoing or any other provision of this Agreement, a Product shall only be eligible for a royalty payment under this Section 5.4 in a given country, if, as of the date of the First Commercial Sale of such Product in such country, the making, using or selling of such Product (or the Compound contained in such Product) in the U.S. or a Major European Country is Covered by a Valid Claim of an Isis Patent Right in the U.S. or the European Patent Office.  Accordingly, no royalty will be payable under this Section 5.4 on Net Sales of a Product in a country where, as of the date of the First Commercial Sale of such Product in such country, the making, using or selling of such Product (or the Compound contained in such Product) in the U.S. or a Major European Country was not then Covered by a Valid Claim of an Isis Patent Right in the U.S. or the European Patent Office.  Once a Product is determined to be eligible for a royalty payment in accordance with the foregoing, it shall continue to be eligible for the applicable Royalty Term, subject to the other terms and conditions of this Agreement.

"Notwithstanding" elsewhere:

Medicines Company (MDCO)
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