Common use of Collaboration Compounds Clause in Contracts

Collaboration Compounds. 5.1 Pre-Existing Compounds or Other Pre-Existing Rights. Neither Party shall have any rights then existing in the other Party to any pre-existing compound of the other Party unless and until such compound is designated as a Collaboration Compound by such Party. Additionally, CombiChem may decline (after informing ICOS) to synthesize a particular compound or library of compounds by written notice to ICOS of existing Patents, Patent Applications and/or contractual obligations with Third Parties restricting CombiChem's performance of such activities and such notice shall contain a statement of warranty that such Patents, Patent Applications and/or contractual obligations exist and that their existence and the obligations of CombiChem predate an ICOS request of CombiChem to synthesize such compound or library of compounds.