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Bms Agreement

The agreement will allow BMS to develop and market DF6002 and associated products worldwide, including regulatory activities, financing and manufacturing. IONTAS announces licensing agreement with Bristol Myers Squibb. 4.1 To the extent that the seller accepts delivery proposals, all of these deliveries are within the port`s boundaries, unless delivery outside these port limits is agreed in writing by the Seller in advance. 4.2 All contract deliveries are made according to the instructions of the buyer or master of the vessel, subject to the seller`s agreement for these instructions taken by the Seller prior to the start date of the delivery contract. Without recourse to the buyer, the seller is allowed to suspend the delivery of marine fuel under the contract until such an agreement is reached and, if such an agreement is not reached within fourteen (14) days from the date of contractual delivery, the seller is entitled to terminate the contract, but without prejudice to the seller`s right to claim damages from the buyer. 4.3 The buyer assumes exclusive responsibility and the risk of selecting and appointing the types of marine fuel and the seller does not guarantee and is not required to verify whether the selection and appointment of the buyer are appropriate for use by the vessel or by any other receiving device. The marine fuel ordered or delivered by the seller must be homogeneous and generally available where the vessel must/must absorb sea fuel. The seller assumes no responsibility for the information he has provided to the buyer about the characteristics of the Marine Fuel, which are in no way provided as a specific specification of the Marine Fuel and/or in accordance with the contract. 4.4 Unless the Seller has agreed otherwise or does not require it, the Buyer must notify the Seller at least five (5) local business days prior to the desired delivery date (excluding Saturdays, Sundays and holidays) and the details of the requested delivery between 09:00 and 17:00 local time at the Seller`s home, unless the seller has waived it in writing. This notification must identify the buyer and contract and provide all delivery details, including, but not limited, port, ship name, local port agent of the vessel, estimated arrival time, approximate delivery date, ship location, shipping mode and confirmation of variety and quantity orders. The buyer and/or representative of the ship communicated to the seller at least fortyEight (48) confirmation hours (Saturdays, holidays and holidays) between 9:00 a.m. and 5:00 p.m. local time at the Seller`s home, via email, telex or fax, unless the seller informs in writing the exact amount of marine fuel and the exact location and time of delivery.

If the buyer makes changes after the confirmation notification, this cargo delivery is submitted to point 4.5. 4.5 Below in the event that the ship`s ETA is or is likely to be at the delivery port after the agreed delivery date, the Seller is under no circumstances required to respond to the Buyer`s request to change the date and/or time of delivery of the bunkers, and the seller is entitled, at his sole discretion, to revoke the contract.