CATEGORY THREE USES. Quest Diagnostics hereby grants to SmithKline Beecham and its Affiliates a non-exclusive, perpetual, worldwide right and license to use Encoded Laboratory Data received under Section 3.02 for Category Three Uses, including the rights to receive, copy, transfer, sublicense, manipulate, integrate, disclose and display, subject to the terms and conditions of this Agreement. SmithKline Beecham, without Authorization, shall have no right to directly or indirectly attempt to match or link Encoded Laboratory Data with Patient Identifiers and shall refrain from doing so.
CATEGORY THREE USES. Quest Diagnostics hereby grants to SmithKline Beecham and its Affiliates a non-exclusive, perpetual, worldwide right and license to use Laboratory Data received under Section 4.02 for Category Three Uses, including the rights to receive, copy, transfer, sublicense, manipulate, integrate, disclose and display, subject to Authorization (as defined below) and the other terms and conditions of this Agreement.
CATEGORY THREE USES a) During the period beginning on the Effective Date and ending on the date immediately prior to the Commencement Date, there shall be no charge for Category Three Uses of Data. Subject to Section 8.01(b), for each twelve-month period during the Initial Term, commencing on the Commencement Date or the twelve-month anniversary thereof, and for each Renewal Term, if the Term is so extended by SmithKline Beecham (each such twelve-month period or Renewal Term, an "APPLICABLE PERIOD"), SmithKline Beecham shall pay to Quest Diagnostics for Category Three Uses of Data a fee (the "APPLICABLE FEE") equal to the lowest price charged in the twelve-month period preceding such Applicable Period by Quest Diagnostics or one of its Affiliates to an IX Competitor (an "APPLICABLE CLIENT"), for similar use of laboratory data, PROVIDED that if Quest Diagnostics or its Affiliates do not provide in the normal course of the Quest Diagnostics Informatics Business similar use of laboratory data to four or more Applicable Clients, then the Applicable Fee shall be the lesser of (i) the fair market value of SmithKline Beecham's use of the Data during such Applicable Period and (ii) the lowest price that Quest Diagnostics or one of its Affiliates charges or reasonably would charge an Applicable Client for similar use of laboratory data for such Applicable Period. The lowest price that Quest Diagnostics or one of its Affiliates charges or reasonably would charge an Applicable Client for similar use of laboratory data, as provided in the foregoing sentence, shall be determined using as a reference the prices Quest Diagnostics and its Affiliates charge Applicable Clients for separate categories of laboratory data and separate uses of such data, such as, without limitation, for use of patient identifiable laboratory data and use of encoded laboratory data for programs, services and products. The use of Data under this Agreement shall be valued based on such separate categories of laboratory data used under this Agreement (including any use via sublicenses). All consideration received or provided by Quest Diagnostics or its Affiliates in connection with this Agreement, other than equity in IX Company, and in connection with any other applicable agreement under which Quest Diagnostics or its Affiliates provide laboratory data to Applicable Clients shall be taken into account for purposes of this Section 8.01; PROVIDED that Quest Diagnostics' or its Affiliates' receipt of equity securities o...
CATEGORY THREE USES a) Quest Diagnostics acknowledges that Clients of SmithKline Beecham and its Affiliates are not restricted by this Agreement from disclosing Data via the Internet provided that such disclosure complies with the other provisions of this Article V. (b) Notwithstanding any provision to the contrary, SmithKline Beecham shall delete that portion of the Data consisting of information that identifies the health care payors (except to the extent the health care payor is the patient or a family member of the patient) from any Data provided to a Person that is not its Affiliate or Authorized Subcontractor except to the extent (and only to the extent) that Data is provided to (i) the applicable payor or provider or patient with respect to the Clinical Laboratory Services covered by such Data, (ii) a governmental, regulatory or accrediting agency or (iii) a Person entitled to receive such information as a matter of Applicable Law. (c) Any disclosure by SmithKline Beecham or its Affiliates of Laboratory Data (that is not Encoded Laboratory Data) shall be consistent with the terms of the applicable Authorization. Any disclosure by SmithKline Beecham and its Affiliates of Data shall be in compliance with Applicable Law and the terms of this Agreement.