Common use of Pharmacopeia Third Party Activities Clause in Contracts

Pharmacopeia Third Party Activities. It is understood that as of the Effective Date Pharmacopeia may have already granted, or on or after the Effective Date may grant, to Third Parties rights to acquire licenses for Pharmacopeia Compounds similar to SPL’s rights under this Article IV. Notwithstanding the licenses granted to SPL under Sections 4.1.1 and 4.1.4 above, it is possible that a Third Party already has or may acquire rights from Pharmacopeia with respect to one or more compounds of which Pharmacopeia is a sole or joint owner, which compounds were made and designed independently of Pharmacopeia’s activities in the Collaboration; accordingly, Pharmacopeia’s grant of rights under Sections 4.1.1 and 4.1.4 are limited to the extent that (i) a Third Party (either alone or jointly with Pharmacopeia) has filed a patent application with respect to such a compound prior to the filing by SPL (either alone or jointly with Pharmacopeia) of a patent application with respect to such a compound, or (ii) Pharmacopeia has previously granted a Third Party a license, an option to acquire a license, a right of first negotiation, field exclusivity, or a non-competition covenant with respect to such a compound, and are subject to any such grant of rights to a Third Party.

Pharmacopeia Third Party Activities. It is understood that as of the Effective Date Pharmacopeia may have already granted, or on or after the Effective Date may grant, to Third Parties rights to acquire licenses for Pharmacopeia Compounds similar to SPLSchering’s rights under this Article IV. Notwithstanding the licenses granted to SPL Schering under Sections 4.1.1 and 4.1.4 above, it is possible that a Third Party already has or may acquire rights from Pharmacopeia with respect to one or more compounds of which Pharmacopeia is a sole or joint owner, which compounds were made and designed independently of Pharmacopeia’s activities in the Collaboration; accordingly, Pharmacopeia’s grant of rights under Sections 4.1.1 and 4.1.4 are limited to the extent that (i) a Third Party (either alone or jointly with Pharmacopeia) has filed a patent application with respect to such a compound prior to the filing by SPL Schering (either alone or jointly with Pharmacopeia) of a patent application with respect to such a compound, or (ii) Pharmacopeia has previously granted a Third Party a license, an option to acquire a license, a right of first negotiation, field exclusivity, or a non-competition covenant with respect to such a compound, and are subject to any such grant of rights to a Third Party.

Pharmacopeia Third Party Activities. It is understood that as Pharmacopeia is in the business of the Effective Date providing combinatorial libraries to Third Parties, and that Pharmacopeia may have already granted, or on or will grant such Third Parties rights after the Effective Date may grant, to Third Parties rights to acquire licenses for Pharmacopeia Compounds compounds derived from such libraries similar to SPL’s Schering's rights under this Article IV. Notwithstanding the licenses granted to SPL Schering under Sections 4.1.1 and 4.1.4 Section 4.1 above, it is possible that a Third Party already has or may acquire rights from Pharmacopeia with respect to one or more compounds of which Pharmacopeia is a sole or joint owner, which compounds were made and designed independently of Pharmacopeia’s 's activities in the Collaboration; accordingly, Pharmacopeia’s 's grant of rights under Sections 4.1.1 and 4.1.4 are Section 4.1 is limited to the extent that (i) a Third Party (either alone or jointly with Pharmacopeia) has filed a patent application with respect to such a compound prior to the filing by SPL Schering (either alone or jointly with Pharmacopeia) of a patent application with respect to such a compound, or (ii) Pharmacopeia has previously granted a Third Party a license, an option to acquire a license, a right of first negotiation, field exclusivity, or a non-competition covenant with respect to such a compound, and are is subject to any such grant of rights to a Third Party.

Pharmacopeia Third Party Activities. It is understood that as ------------------------------------------ Pharmacopeia is in the business of the Effective Date providing combinatorial libraries to Third Parties, and that Pharmacopeia may have already granted, or on or will grant such Third Parties rights after the Effective Date may grant, to Third Parties rights to acquire licenses for Pharmacopeia Compounds compounds derived from such libraries similar to SPL’s 's rights under this Article IV. Notwithstanding the licenses granted to SPL under Sections 4.1.1 and 4.1.4 Section 4.1 above, it is possible that a Third Party already has or may acquire rights from Pharmacopeia with respect to one or more compounds of which Pharmacopeia is a sole or joint owner, which compounds were made and designed independently of Pharmacopeia’s 's activities in the Collaboration; accordingly, Pharmacopeia’s 's grant of rights under Sections 4.1.1 and 4.1.4 are Section 4.1 is limited to the extent that (i) a Third Party (either alone or jointly with Pharmacopeia) has filed a patent application with respect to such a compound prior to the filing by SPL (either alone or jointly with Pharmacopeia) of a patent application with respect to such a compound, or (ii) Pharmacopeia has previously granted a Third Party a license, an option to acquire a license, a right of first negotiation, field exclusivity, or a non-non- competition covenant with respect to such a compound, and are is subject to any such grant of rights to a Third Party.