Amgen. During the seven (7) year period following the Effective Date, Amgen shall not clinically develop or commercialize, itself or through its Affiliates or a Third Party (or license to a Third Party the express and specific right to clinically develop or commercialize) (i) any BAFF Peptibody; or (ii) any molecule containing or comprising the peptide amino acid sequence set forth in Exhibit C. Upon the seventh anniversary of the Effective Date, the obligations set forth in this Section 2.4(a) shall terminate. Notwithstanding this Section 2.4(a), nothing in this Agreement shall limit or prohibit Amgen or its Affiliates from clinically developing or commercializing (or licensing to a Third Party) any molecule other than Licensed Molecule or Licensed Products (including any peptibody molecule other than Licensed Molecule or Licensed Products) obtained through the acquisition of a Third Party or division thereof by Amgen or its Affiliates (whether by stock purchase, asset purchase, merger, or otherwise), so long as such acquisition was not solely made to acquire a BAFF Peptibody. Further, nothing in this Agreement shall prohibit, limit or restrict the right of Amgen or its Affiliates to grant licenses under the Other Licensed Patents to Third Parties that are not specific to, or do not specifically exclude, the molecules in clause (i) or (ii) of this Section 2.4(a).
Appears in 3 contracts
Sources: License Agreement (Anthera Pharmaceuticals Inc), License Agreement (Anthera Pharmaceuticals Inc), License Agreement (Anthera Pharmaceuticals Inc)