Question: Consider the Distributorship Agreement between Zogenix Inc. and Nippon Shinyaku Company Ltd. for Fintepla®; Is there a covenant not to sue included in this contract?
Relevant contract clauses:
[{"span": [114882, 115030], "answer": "Distributor acknowledges Zogenix's exclusive ownership of the Zogenix Trademarks and agrees not to take any action inconsistent with such ownership.", "file_path": "cuad/ZogenixInc_20190509_10-Q_EX-10.2_11663313_EX-10.2_Distributor Agreement.txt"}, {"span": [115380, 116058], "answer": "Distributor shall not, and shall cause its Affiliates not to, (i) use, seek to register, or otherwise claim rights in any Trademark that is confusingly similar to, misleading or deceptive with respect to, or that materially dilutes, any of the Zogenix Trademarks, or (ii) knowingly do, cause to be done, or knowingly omit to do any act, the doing, causing or omitting of which endangers, undermines, impairs, destroys or similarly affects, in any material respect, the validity or strength of any of the Zogenix Trademarks (including any registration or pending registration application relating thereto) or the value of the goodwill pertaining to any of the Zogenix Trademarks.", "file_path": "cuad/ZogenixInc_20190509_10-Q_EX-10.2_11663313_EX-10.2_Distributor Agreement.txt"}, {"span": [117429, 117577], "answer": "Distributor acknowledges Zogenix's exclusive ownership of the Product Trademarks and agrees not to take any action inconsistent with such ownership.", "file_path": "cuad/ZogenixInc_20190509_10-Q_EX-10.2_11663313_EX-10.2_Distributor Agreement.txt"}, {"span": [118522, 119217], "answer": "Distributor shall not, and shall cause its Affiliates not to, (i) use, seek to register, or otherwise claim rights in the Territory in any Trademark that is confusingly similar to, misleading or deceptive with respect to, or that materially dilutes, any of the Product Trademarks, or (ii) knowingly do, cause to be done, or knowingly omit to do any act, the doing, causing or omitting of which endangers, undermines, impairs, destroys or similarly affects, in any material respect, the validity or strength of any of the Product Trademarks (including any registration or pending registration application relating thereto) or the value of the goodwill pertaining to any of the Product Trademarks.", "file_path": "cuad/ZogenixInc_20190509_10-Q_EX-10.2_11663313_EX-10.2_Distributor Agreement.txt"}, {"span": [140785, 141828], "answer": "Zogenix shall have the right to terminate this Agreement immediately upon written notice to Distributor (i) if Distributor or any of its Affiliates or Sub-distributors, directly or indirectly through any Third Party, commences any interference or opposition proceeding with respect to, challenges the validity or enforceability of, or opposes any extension of or the grant of a supplementary protection certificate with respect to, any Zogenix Patent (or any related Patent owned or controlled by Zogenix outside the Territory); (ii) if Zogenix determines that Distributor or its Affiliates or Sub- distributors are, or have caused or shall cause any Zogenix Indemnitee to be, in violation of the FCPA or any other Applicable Laws; or (iii) if Zogenix decides to withdraw the Product from the market in the Territory or otherwise believes that the promotion of the Product in the Field in the Territory presents a substantial risk of harm or injury to consumers which risk is unacceptable according to established principles of medical ethics.", "file_path": "cuad/ZogenixInc_20190509_10-Q_EX-10.2_11663313_EX-10.2_Distributor Agreement.txt"}]