Exclusivity Term. Flexion’s exclusive position granted by Section 3.1 shall expire with respect to each separate Licensed Product, on a country-by-country basis, on the date when Flexion’s obligation to pay royalties with respect to such Licensed Product pursuant to Section 6.6 expires. Upon expiry of Flexion’s exclusive position with respect to a Licensed Product in a country, Flexion’s licence with respect to such Licensed Product in such country shall become non-exclusive, fully paid-up, ***Confidential Treatment Requested perpetual and irrevocable and the Net Sales of such Licensed Product in such country shall be excluded from the royalty calculations in Sections 6.2 and 6.3 (but not the thresholds and ceilings contained in Sections 6.2 and 6.4). Flexion and its Affiliates and Sublicensees shall be allowed to continue Exploiting such Licensed Product and using all Non-Exclusive Licensed Know-How in connection therewith on a non-exclusive basis and all Exclusive Licensed Know-How on an exclusive basis in such country with no further consideration to AstraZeneca.
Exclusivity Term. The covenants laid down in this Section 2.3 shall apply for a period commencing on the Effective Date until the expiry or termination of this Agreement, provided that if GSK exercises the GSK COVID Cease Option for a COVID Product, the limitations set forth in Section 2.3.2 shall not apply with respect to such COVID Product, and CureVac may Develop, Manufacture and Commercialize such COVID Product (alone or in collaboration with a Third Party).
Exclusivity Term. Novartis' screening right under Section 5.1 shall be exclusive ('exclusive', as used in this Section 5.2 and subject to the provisions of Section 5.5, shall mean 'to the exclusion also of Rigel') during the first two (2) years ("Exclusivity Term") after the Notice Date. Subject to Section 5.3, Novartis may, after the first two years, extend the Exclusivity Term with respect to a Novel Validated Target for up to five (5) additional one (1) year periods upon payment to Rigel of the appropriate Extension Fee provided in Section 7.5 on or before (i) the day which is thirty (30) days prior to the end of such Exclusivity Term or (ii) if Novartis has informed Rigel in writing on or before a date with is sixty (60) days prior to the end of such Exclusivity Term, thirty (30) days after receipt of a corresponding invoice from Rigel, whichever is the later. Upon expiration of the Exclusivity Term, Novartis' right to conduct Compound Screening with a Novel Validated Target, subject to the payments required by Section 7.2 and 7.4, shall become nonexclusive
Exclusivity Term. AstraZeneca’s exclusive licenses granted under Section 2.1, shall expire with respect to each separate Licensed Product, on a country-by-country basis, on the date when AstraZeneca’s obligation to pay royalties with respect to such Licensed Product expires pursuant to Section 9.5(i). Upon expiry of AstraZeneca’s exclusive licenses with respect to a Licensed Product in a country, AstraZeneca’s licenses with respect to such Licensed Product in such country shall become non-exclusive, fully paid-up, perpetual and irrevocable and the Net Sales of such Licensed Product in such country shall be excluded from the royalty calculations under Section 9.5 (including the thresholds and ceilings). AstraZeneca and its Affiliates and Sublicensees shall be allowed to continue exercising AstraZeneca’s rights under the licenses granted in Section 2.1 on a non-exclusive basis in such country with no further consideration to Ardelyx.
Exclusivity Term. Sanofi’s exclusive license granted under Section 2.2, shall expire with respect to each separate Program Product, on a country-by-country basis, on the date when (i) [***], and (ii) there are no longer [***]. Upon expiry of Sanofi’s exclusive licenses with respect to a Program Product in a country, Sanofi’s licenses with respect to such Program Product in such country shall become non-exclusive, fully paid-up, perpetual and irrevocable and the Net Sales of such Program Product in such country shall be excluded from the royalty calculations under Section 6.4 (including the thresholds and ceilings). Sanofi and its Affiliates and Sublicensees shall be allowed to continue exercising Sanofi’s rights under the licenses granted in Section 2.2 on a non-exclusive basis in such country with no further consideration to Ardelyx.
Exclusivity Term. For a period commencing on the Effective Date and ending [****]* subsequent to BMS’ receipt from PDL of the report on PDL-241 Pre-Clinical Testing, described in Section 3.7(b) (the “Exclusivity Term”), subject to Section 3.8 and Section 7.6(d), neither PDL nor BMS shall conduct (directly or indirectly, and either with or without a bona fide collaborator) outside of the Collaboration any programs that are intended to identify, optimize, develop and/or commercialize Antibodies (any such program, a “Competing Program”); provided that the foregoing shall not prevent either Party from conducting pre-clinical research with respect to the discovery or optimization of Antibodies.
Exclusivity Term. The covenants laid down in this Section 2.3 shall apply for a period commencing on the Effective Date, or in case of a Collaboration Pathogen targeted by a Replacement Product or an Optioned Product, the date of receipt of the Replacement Notice or Option Notice, as applicable, by CureVac until the expiry or termination of this Agreement. For the avoidance of doubt, in case GSK has replaced an Initial Other Product pursuant to Section 3.6 or has terminated a Program pursuant to Section 14.2, the Pathogen targeted by such Replaced Product or under such terminated Program, as applicable, shall no longer qualify as Collaboration Pathogen if that Pathogen is no longer targeted by another Product, and consequently, the exclusivity obligations laid down in this Section 2.3 shall terminate with respect to such Pathogen, unless the respective Pathogen is targeted under another ongoing Program. In relation to the Initial Products only, if the Program for one of the Initial Products is terminated or replaced by a Replacement Product, the covenants laid down in this Section 2.3.3 shall continue to apply with respect to any other Initial Product targeting the same Pathogen, but no longer in relation to the terminated or replaced Initial Product (even though it targets the same Pathogen). For the avoidance of doubt, upon termination or replacement of such Initial Product, all rights and licenses with respect to such Initial Product will return to CureVac subject to and in accordance with Section 15, and GSK will not be allowed to use the CureVac Technology, including the CureVac Know-How, any Joint Product Invention or any Joint Other Invention, unless expressly set forth in Section 15 or unless CureVac has granted a license to GSK under terms to be negotiated.
Exclusivity Term. Neoprobe’s exclusive position granted by Section 3.1 shall expire with respect to each separate Licensed Product, on a country-by-country basis, on the date when Neoprobe’s obligation to pay royalties with respect to such Licensed Product pursuant to Section 6.4 expires. Upon expiry of Neoprobe’s exclusive position with respect to a Licensed Product in a country, Neoprobe’s licence with respect to such Licensed Product in such country shall become non-exclusive, fully paid-up, perpetual and irrevocable. Neoprobe and its Affiliates and Sublicensees shall be allowed to continue Exploiting such Licensed Product and using all Licensed Know-How and Joint Know-How in connection therewith on a non-exclusive basis in such country with no further consideration to AstraZeneca.
Exclusivity Term. Section 5.2 of the Collaboration Agreement is hereby amended to insert the phrase “and, with respect to the Angiogenesis Project only, subject furthermore to the provisions of the CG Agreement,” immediately after the phrase “and subject to the provisions of Section 5.5,” in the third line of such Section.
Exclusivity Term. The exclusive rights set forth in Section 1 start September 1, 2018 and terminate on September 1, 2019, for both the U.S. Territory and the International Territory. In the event that Elite fails to do any of the following, the exclusive rights set forth in Section 1 immediately become null and void: (i) substantially launch the Product in the U.S. Territory on or before December 1, 2018, or (ii) submit a {3278478;3} reimburse Elite for all direct out-of-pocket costs and expenses actually incurred by them in complying with such recall as requested by HORN, to the extent Elite is not allocated any responsibility for the recall.
