Common use of BIO Clause in Contracts

BIO. RAD shall (i) evaluate and determine in good ----------------- faith whether regulatory approval is required in each country in which it elects to market or distribute the Kits and/or BIO-RAD Systems for use within the Fields and shall obtain all regulatory approvals BIO-RAD so determines are required for such marketing and distribution; and (ii) have sold Kits for which a royalty is owed pursuant to Section 4.6(c) (including a Kit within Field Four) and have commenced marketing, distribution and commercial sale of BIO-RAD Systems, in each of (i) and (ii) within [**] months after the availability of the Luminex100 System. BIO-RAD shall have [**] days to file regulatory approvals which BIO-RAD determined in its good faith judgment were not required but with respect to which BIO-RAD was later notified by the applicable government agency were required. Failure by BIO-RAD to comply with (i) and (ii) with respect to Field Four shall give LUMINEX the right at its sole election to terminate [**] of Article